ISLAMIC LAW (SHARIA) AS APPLICABLE LAW ON COMMERCIAL CONTRACTS: A LEGAL TRAGEDY OR INTERACTION BETWEEN LEGAL SYSTEMS

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MIRMOHAMMADI MOSTAFA

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2016 | Volume:2 | Issue:4 Page(s): 117-142

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Title

ISLAMIC LAW (SHARIA) AS APPLICABLE LAW ON COMMERCIAL CONTRACTS: A LEGAL TRAGEDY OR INTERACTION BETWEEN LEGAL SYSTEMS

Author(s)

MIRMOHAMMADI MOSTAFA | Issue Writer Certificate

Keywords

COMMERCIAL LAWQ1

APPLICABLE LAWQ1

ISLAMIC LAWQ1

COMMON LAWQ2

LEGAL AND ETHICAL CODE FOR COMMERCEQ2

COMPARATIVE LAWQ2

Abstract

Studies on ISLAMIC LAW potential in international Commerce and Comparative research on ethical code of commerce have increased in recent decades. Two cases brought to English court titled, Shamil Bank of Bahrain v. Beximcoand Musawi v RE International (UK) Ltd (2007)raises the question of how the parties of contract could choose ISLAMIC LAW to serve as applicable or proper law of the commercial contract and financial disputes. This article tries to review some rules and principles of Islamic COMMERCIAL LAW, such as principle of consent, foredoom of commerce and its limitations and protecting of merchants. It also analyses Mamluk Commercial Treaty with Republic of Florencein 1488 and two recent cases brought to English courts based on Glorious Sharia as APPLICABLE LAW and governing law. For comparative study purposes, this article discuses legal and ethical code of commerce in Islamic teaching in order to introduce similar conception in other major legal system. The outcome of this study is that it is necessary for COMPARATIVE LAW centers in Islamic countries and International Islamic Fiqh Academy at the Organization of Islamic Cooperation, to introduce Islamic commercial rule and principles in the model COMMERCIAL LAW frameworks. This approach will facilitate choices of ISLAMIC LAW as APPLICABLE LAW and considered a step toward interaction between Islamic and Western legal systems in the realm of commerce.

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APA: Copy

MIRMOHAMMADI, MOSTAFA. (2016). ISLAMIC LAW (SHARIA) AS APPLICABLE LAW ON COMMERCIAL CONTRACTS: A LEGAL TRAGEDY OR INTERACTION BETWEEN LEGAL SYSTEMS. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 2(4), 117-142. SID. https://sid.ir/paper/262076/en

Vancouver: Copy

MIRMOHAMMADI MOSTAFA. ISLAMIC LAW (SHARIA) AS APPLICABLE LAW ON COMMERCIAL CONTRACTS: A LEGAL TRAGEDY OR INTERACTION BETWEEN LEGAL SYSTEMS. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2016;2(4):117-142. Available from: https://sid.ir/paper/262076/en

IEEE: Copy

MOSTAFA MIRMOHAMMADI, “ISLAMIC LAW (SHARIA) AS APPLICABLE LAW ON COMMERCIAL CONTRACTS: A LEGAL TRAGEDY OR INTERACTION BETWEEN LEGAL SYSTEMS,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 2, no. 4, pp. 117–142, 2016, [Online]. Available: https://sid.ir/paper/262076/en

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