Liability for the Maritime collision in both Jordanian and Saudi Legislations (Comparative Jurisprudence Study)

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.