The Interaction between Shariah and International Law in Arbitration

This Development analyzes the extent to which the freedom to arbitrate using shariah is sustainable in light of international law. Part 1I provides background information about the OAA and shariah while Part III analyzes shariah within the context of international law, focusing on its conformance or lack thereof with relevant United Nations ("UN") promulgations. Part IV evaluates possible problems arising from the use of shariah and considers measures that may rectify these while benefiting Muslims and the broader community. The Development concludes that Islamic laws governing business dealings comply substantially with international law and are conducive to being utilized in arbitration agreements, regardless of the secular character of state laws. Thus, Muslims seeking to implement a comprehensive shariah-based arbitration scheme in a predominantly non-Muslim jurisdiction should first pursue the modest objective of achieving governmental acceptance of Islamic commercial law before lobbying for official recognition of controversial Islamic family law principles.