Le traitement réservé à la Charia dans l'arbitrage international
Globalization has led to the development of economic exchanges between countries with contrasting legal and cultural traditions. These interactions require an understanding and respect of the legal systems because all countries wish to retain their interests, whether it be commercial or not. In the face of these economic advances, international commercial arbitration has emerged as a way to remove states from a particular state legal system and to bring consensus on how to settle disputes. However, when a conflict emerges between East and West, the cultural differences and the religious variables lead the Western countries to question the normativity of Arab Muslim’s rights. Despite the fact that the majority of these states are now secularized in the field of business today, there are challenges to the apprehension and application of Sharia’h, Islamic law and Fiqh. The Western perception of these rights as precarious or unsuitable for governing international trade may have led to some isolation of legislation. Through this study it will be necessary to understand what Sharia’h and Islamic law really are, but especially their content and impact in the field of business in order to justifiy the initial rejection of these systems in the arbitration system. Thus will be traced the evolution of the reception of Sharia’h in international commercial arbitration and the treatment that has been reserved for it until today.
Normativity Sharia'h Arab muslim's rights International commercial arbitration Business law Positivity