Islamic law and international commercial disputes

Submitted by Anonymous (not verified) on Thu, 08/22/2019 - 16:08
Year
1987
Country
Pakistan
Language
English
Abstract

Islamic law is open to change, as it is a union of shari`a (law of the Qur'an and the sunna ) and human interpretation of shari`a . Although Islamic law adapts to the human condition, it has religious foundations. Islamic commercial law differs fundamentally from Western law and could have improved the latter in some respects. Islamic law has two major commercial restrictions: it prohibits riba (interest); and it restricts commerce to halal trades or goods. Another basic aspect is that contracts must be protected against gharar (inequality due to asymmetric information). Ethical values must exist in any legal system. According to Islam, it is impermissible to obey the letter but not the spirit of the law. Also, lengthy justice is no justice under Islamic law. Many aspects of Islamic law could be incorporated into international law and would give the Muslim and Arab worlds more confidence in it. In Islam, property ownership is not absolute; one manages property for the larger

English
ISSN/ISBN
0531-7819
No. of Pages
pp.7-8, 23
Number
9
Volume
18
Select type of work
Name of the Journal
Author(s)
CIS Program Old
CIS publications
No
CIS Thesis
No