A Critical Appraisal of International Islamic Finance Cases, and the Way Forward

Pages: 28

This research attempts to critically analyse selected reported Islamic finance cases that were decided in the English courts. In addition, cases related to Islamic finance from other jurisdictions will also be analysed for comparative purposes. In doing so, the scope of the discussion will focus on the brief facts of each case, the main issues before the court and the judgment delivered by the court. A few issues regarding the international conflict of laws will be highlighted, particularly application of English law principles to Islamic contracts by civil judges. The research concludes with recommendations for ways to resolve international disputes in Islamic finance, highlights the international legal framework for Islamic finance and proposes directions for future research.



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