Good faith in international commercial contracts under un sale convention and Islamic law

A brief comparison

Md. Anowar Zahid, Rohimi Shapiee, Sohaib Mukhtar, Syed Munawar Shah

Research output: Contribution to journalReview article

2 Citations (Scopus)

Abstract

The United Nations Convention on International Sale of Goods (CISG) is a harmonization of common law and civil law rules relating to sale of goods. Islamic law was not in the consideration of the drafting body, the United Nations Commission on International Trade (UNCITRAL), whereas it is one of the oldest leading legal families of the world. This accounts for a scrutiny of the CISG provisions from Islamic perspective. The present study chooses the principle of good faith, which is one of the general principles that underlie the convention, to compare with its Islamic counterpart. It finds that the principle, in general, and with respect to the formation and performance of contract, in particular, is friendly with Islamic Shari'ah.

Original languageEnglish
Pages (from-to)9075-9183
Number of pages109
JournalInternational Journal of Applied Business and Economic Research
Volume14
Issue number13
Publication statusPublished - 2016

Fingerprint

Islamic law
Faith
United Nations
Drafting
International trade
Common law
Civil law
Harmonization

Keywords

  • CISG
  • Good faith
  • Islamic law/Shari'ah
  • Unidroit Principles

ASJC Scopus subject areas

  • Business and International Management
  • Economics and Econometrics

Cite this

Good faith in international commercial contracts under un sale convention and Islamic law : A brief comparison. / Zahid, Md. Anowar; Shapiee, Rohimi; Mukhtar, Sohaib; Shah, Syed Munawar.

In: International Journal of Applied Business and Economic Research, Vol. 14, No. 13, 2016, p. 9075-9183.

Research output: Contribution to journalReview article

Zahid, Md. Anowar ; Shapiee, Rohimi ; Mukhtar, Sohaib ; Shah, Syed Munawar. / Good faith in international commercial contracts under un sale convention and Islamic law : A brief comparison. In: International Journal of Applied Business and Economic Research. 2016 ; Vol. 14, No. 13. pp. 9075-9183.
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