Islamic Law and International Commercial Arbitration
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This book examines the intersection between contemporary International Commercial Arbitration and Sharia law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Sharia, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Sharia and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against ri...
This book examines the intersection between contemporary International Commercial Arbitration and Sharia law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Sharia, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Sharia and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by theAccounting and Auditing Organization for Islamic Financial Institutions.
The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
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