THE POSSIBILITY OF RATIFICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (CISG) IN COUNTRIES INFLUENCED BY SHARI’A LAW

• Main Author: Larasati Santosa, Nasya
• Format: Final Project
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/68126
• Institution: Institut Teknologi Bandung

The role of the (CISG) is to ensure certainty in commercial exchanges between different legal systems by providing a uniform sales law. Several studies about the CISG question the Convention’s compatibility with other legal systems as many countries have still not ratified. This study aims to assess the compatibility of the CISG in a legal system influenced by Shari’a law and its potential to ratify the CISG. In light of investigating the possibility of countries influenced by Shari’a law in ratifying the Convention, it is necessary to understand why the CISG is still not globally applied and the Convention’s compatibility with Shari’a law. The study examines previous studies regarding the criticism around CISG’s provisions and identified those that conflict with the Shari’a law principles. Using previous studies, the Qur’an, and websites that are relevant to the study, the finding shows that the CISG is not compatible with Shari’a law. The Convention contains conflicting provisions with the Shari’a principles, i.e., the prohibitions of riba, gharar, and maysir. The study concludes that the possibility of an Islamic state ratifying the CISG depends on the Shari’a law’s level of influence in its legal systems. The higher the influence, the lower the possibility for an Islamic state to ratify the CISG.