Abstract

The parties to an international commercial/financial contract may choose a single law or a combination of laws like English law and Islamic law to settle their dispute that may arise therefrom. At the same time, they may choose a forum (law court or arbitral tribunal) belonging to an Islamic jurisdiction. Such a choice of law and forum deserve a theoretical inquiry from Islamic perspective since it gives rise to two important issues. First, if the choice is a single secular law and it conflicts with Shari'ah law in full or in part, then how the forum will reconcile the conflicts. It has ...