المسؤولية عن التصادم البحري في التشريعين الأردني والسعودي (دراسة قانونية فقهية مقارنة)

Abstract

Maritime is one of the marine accidents subjected to a definition, a reality and a classification representing pillars of Maritime collision and marine accidents. In general, Maritime collision means : a direct friction or a contact between any two floating objects at sea one of them is a ship. These accidents are due to human mistakes committed by the crew or to other causes not by the crew or to technical or regulatory mistakes. Accordingly, the accidents happen among ships because of force majeure, of suspected error, of one of ships and of a mutual mistake. The international rules should be applied to prevent such collision. If the collision happens, the liability is determined on the basis of counterpart liability and single liability as appropriate . In the Islamic Jurisprudence the liability for willful collision ,on purpose, is determined according to the type of collision so if one of the two ships are parked, the liability is for the moving one, but if both ships are moving the liability will be according to Moslem scholars, whether the willful collision was because of one or both of them. In willful collision, the liability shall be for the damage caused by such collision. The provisions of willful collision have been addressed by Islamic Jurisprudence, Jordanian Marine Trade Act and by system of Saudi Trade Court.