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An Exploration into the Interplay of Islamic Law and International Commercial Arbitration: Unraveling the Intricacies of 'Islamic Law and International Commercial Arbitration'

Miguel Nelson

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Published in Islamic Law And International Commercial Arbitration (Islamic Law In Context)

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International commercial arbitration has become an increasingly popular method of resolving disputes arising from international business transactions. Islamic law, with its rich history and traditions, is gaining recognition as a potential source of law for resolving commercial disputes. The book "Islamic Law and International Commercial Arbitration" provides a timely and comprehensive exploration of this intersection, offering invaluable insights into the practical and theoretical implications of applying Islamic law to international arbitration.

Exploring the Nuances of Islamic Law in Arbitration

The book delves into the fundamental principles of Islamic law and their application in international commercial arbitration. It examines the sources of Islamic law, including the Quran, Sunnah, and legal reasoning, and discusses their relevance to commercial disputes. Furthermore, it explores the concept of ijtihad and its role in adapting Islamic law to the evolving needs of modern arbitration.

One of the key contributions of the book is its detailed analysis of the specific provisions of Islamic law that can be applied to international commercial arbitration. It covers topics such as the law of contracts, the law of torts, and the law of agency, and examines how these provisions can be used to interpret and resolve disputes arising from international business transactions.

Islamic Law and International Commercial Arbitration (Islamic Law in Context)

by Trader Dale

5 out of 5

Language	:	English
File size	:	3203 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Print length	:	302 pages

Practical Considerations for International Arbitration

The book goes beyond theoretical discussions to provide practical guidance for practitioners involved in international commercial arbitration. It discusses the procedural aspects of arbitration under Islamic law, including the appointment of arbitrators, the conduct of hearings, and the enforcement of arbitral awards.

Furthermore, the book explores the ethical considerations that arise in international commercial arbitration involving Islamic law. It examines issues such as the duty of the arbitrator to be impartial, the duty to disclose conflicts of interest, and the duty to act in good faith. By addressing these ethical considerations, the book provides a framework for ethical decision-making in Islamic law arbitration.

Case Studies and Comparative Analysis

To illustrate the practical application of Islamic law in international commercial arbitration, the book includes a collection of case studies involving disputes from various jurisdictions. These case studies provide real-life examples of how Islamic law has been applied to resolve complex commercial disputes.

In addition, the book conducts a comparative analysis of Islamic law and other legal systems used in international commercial arbitration. It compares the principles and procedures of Islamic law with those of common law, civil law, and other religious laws, providing a nuanced understanding of the strengths and weaknesses of each system.

"Islamic Law and International Commercial Arbitration" is an indispensable resource for anyone involved in the field of international commercial arbitration. It offers a comprehensive exploration of the interplay between Islamic law and arbitration, providing both theoretical and practical insights. The book's case studies, comparative analysis, and practical guidance make it an invaluable tool for practitioners, academics, and policymakers alike.

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An image of a gavel and a copy of the book "Islamic Law and International Commercial Arbitration" lying on a table, symbolizing the intersection of law and arbitration.

Islamic Law and International Commercial Arbitration (Islamic Law in Context)

by Trader Dale

5 out of 5