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This study explores Islamic law's position towards the compensation of natural and juridical persons for moral damage within the scope of contractual liability in view of divergent and unclear legal and judicial opinions in Arab countries. One line of argument makes a distinction in the approach to tort and contractual liability. As a result, courts have been influenced by these opinions. In contrast, other jurists have not taken great pains to reach a different discretion in search of the truth. To enrich this study, to ensure a sound interpretation of the true situation, and in an attempt to draw a closer link between the positions of Islamic law and Latin law, the study provides a comparison between the civil codes of three Arab countries: Palestine, Jordan and Qatar. [ABSTRACT FROM AUTHOR]

The concept of imbalance, al-ġobn, is a decisive factor in protecting consumers. In addition to consumer protection regulations, imbalance as a traditional defect in contracts (not in will) in Egypt and Syria is a cornerstone of increasing protection. However, the concept has not been developed and remains limited to certain occasions, mainly exploitation. Therefore, it is useful to examine imbalance in modern consumer laws in developed countries (e.g. in European consumer law). We first compare the perspectives of both traditional and European laws. Then we examine the interrelationship between both perspectives by demonstrating how the traditional defects of will became a source of imbalance rather than being limited to exploitation only. The conclusion thus reconsiders the concept of imbalance shifting to increase consumer protection in Arab countries, even though it may not be included in any separate legal instrument (e.g. in consumer-protection acts). [ABSTRACT FROM AUTHOR]

The Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows. Section 1 will provide a discussion on governing law of contract and the limitations imposed by English courts on party autonomy. Section 2 discusses International commercial arbitration as an alternative dispute resolution forum. Section 3 presents some ideas for going forward, within the context of historical lessons. Finally the paper presents some conclusions in Section 4. [ABSTRACT FROM AUTHOR]

The Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law. [ABSTRACT FROM AUTHOR]