Abstract

Compliance of a contract with Sharia is a major concern of parties, or at least one party to a contract, who chooses Islamic finance instead of conventional banking. In relation to dispute resolution, the same concern could exist. Despite the enormous development that has taken place in the Islamic banking industry, the issue of dispute resolution has remained underexplored and experienced serious challenges. A number of those challenges concern the choice of Sharia as the applicable law. This paper addresses the issue of Sharia as the applicable law in Islamic finance disputes in two ...