Islamic laws of general average

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From the Cairo Geniza business reports emerge several cases of "averages." However, frequently the circumstances that led to jettison are not always described, nor is any information provided on how the decision was made and who jettisoned part of the shipments for the sake of saving the vessel, lives, and other contents. Besides underlining the rules of jettison, the proposed essay aims to analyze the financial consequences and contribution resulting from losses at sea. In other words, is the contribution applicable to both commercial commodities and personal effects? Was the jetsam valued in its current condition based on its cost at the market place from which it was purchased, or at the market place of the port of embarkation, or the nearest port where it was jettisoned, or on its price at the destined port? Was the jetsam's value calculated based on the market prices on the day of embarkation or on the day of purchase? Were the official taxes and customs paid on jettisoned goods included in the general average contribution? Was the ship subject to contribution and how was it valued? Were the freight charges subject to contribution? Were seamen, freemen, and slaves averaged? And, how was the venue determined for a court case? Was it at the port of origin, at the destination, or in any Islamic territory?.

Original languageEnglish
Pages (from-to)353-378
Number of pages26
JournalJournal of Maritime Law and Commerce
Issue number3
StatePublished - Jul 2019
Externally publishedYes

Bibliographical note

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ASJC Scopus subject areas

  • Political Science and International Relations
  • Law


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