Application Of Islamic Law In The Middle East

Mondaq Business BriefingGermany Law Articles in English (2007)

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Application Of Islamic Law In The Middle East

Article by Mr Saleh Majid (Advocate (Iraq), Rechtsbeistand (Germany) for business laws of Arab countries, B.A.Law (Baghdad), Dip.Air Law, Postgrad Dip.Law (London), M.C.I. Arb. and,

Faris Lenzen, LLM (London), Attorney at Law.

Contractors and banks intending to enter construction contracts or financing transaction for projects in the Middle East are faced with the questions of the application of Islamic Law and the compliance of certain provisions of their contracts with Sharia. The writers were mainly motivated to write this article by questions put by Western lawyers and businessmen fearful to enter into contracts with Middle Eastern government entities, when a contract stipulates the application of national laws and national jurisdiction.

Fears are often due to the lack of knowledge of the laws of the Middle East countries and partly because of the myth of Islamic law which many Western jurists and businessmen perceive out of the public negative media.

However, banks and European contract...

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