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Islamic Contract Law – Global Trade and the Need for Dual Legal Understanding
- Increasing global trade integration has led to stronger interactions between:
- The Muslim world
- Western countries
- These interactions are especially significant in the area of international trade, which is largely based on contractual agreements
- Over recent decades, trade relationships have expanded into major financial transactions, including:
- Issuance of Ṣukūk (Islamic bonds)
- Other Shariah-compliant financial instruments
- Globalisation (“global village” effect) is expected to drive a substantial increase in such transactions in the future
- The growth in cross-border trade may also lead to more complex legal disputes if not properly managed
- To minimise disputes and ensure effective transactions, there is a need for:
- Strong understanding of English contract law
- Equally strong understanding of Islamic contract law
- A comparative and integrated legal approach is essential for managing modern cross-continental commercial relationships
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