Abstract

Arbitration constitutes a fundamental aspect of shari'a law since its very beginning. Arbitration was widespread already in pre-Islamic Arabia, but it is with its recognition in the Koran and its successive history that it evolved to an important dispute resolution system. As many Arab countries enact secular arbitration statutes in order to make their arbitration systems fit for the needs of modern commercial transactions, two similar and partially overlapping questions arise: are secular arbitration statutes compatible with shari'a law? Is shari'a law apt to cope with the rising demands ...