The Implementation of religion as a governing law in the light of international Instruments and precedents

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MAGHSOUDI REZA; Seyednejad seyedeh Firozeh

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2022 | Volume:- | Issue:65 Page(s): 305-326

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Information Journal Paper

Title

The Implementation of religion as a governing law in the light of international Instruments and precedents

Author(s)

MAGHSOUDI REZA | Seyednejad seyedeh Firozeh | Issue Writer Certificate

Keywords

International commercial contractQ1

Governing LawQ1

religious lawQ2

Non-state lawQ1

judgmentsQ1

Abstract

The increase in the number of Islamic financial institutions and the emergence of Islamic banking in recent decades has led to the expansion of Islamic contracts and religious – based commercial activities in the international arena, and hence the possibility of choosing and exercising (applying) religious laws in International commercial contracts, has taken. Although the practical procedure and the realities of the international business world do not allow such a choice, Article 3 Hague principles on choice of law in International commercial contracts 2015 by applying a new approach and extending the scope of party autonomy, supports choosing of religious law as Governing Law in the contract. In recent years, rendered awards have also been given a more flexible stance on the choice of religious law and recognizing greater authority for the parties to the International commercial contracts. The present article, therefore, seeks to discuss the possibility of recognition and application of religious laws as the Governing Law on commercial contracts in the international arena.

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APA: Copy

MAGHSOUDI, REZA, & Seyednejad, seyedeh Firozeh. (2022). The Implementation of religion as a governing law in the light of international Instruments and precedents. INTERNATIONAL LAW REVIEW, -(65 ), 305-326. SID. https://sid.ir/paper/413470/en

Vancouver: Copy

MAGHSOUDI REZA, Seyednejad seyedeh Firozeh. The Implementation of religion as a governing law in the light of international Instruments and precedents. INTERNATIONAL LAW REVIEW[Internet]. 2022;-(65 ):305-326. Available from: https://sid.ir/paper/413470/en

IEEE: Copy

REZA MAGHSOUDI, and seyedeh Firozeh Seyednejad, “The Implementation of religion as a governing law in the light of international Instruments and precedents,” INTERNATIONAL LAW REVIEW, vol. -, no. 65 , pp. 305–326, 2022, [Online]. Available: https://sid.ir/paper/413470/en

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