The role of Shari'a in international commercial arbitration

This article discusses the theological foundations and historical development of Shariʿa in order to explain the application of Shariʿa in contemporary international commercial arbitration (ICA). This article will begin by providing an overview of the theological foundations of Shariʿa, the development of arbitration (tahkim) rules under the four schools of Islamic jurisprudence and the eventual codification of arbitration rules under the Ottoman Empire. It will then provide an overview of how Shariʿa is implemented in the contemporary world and discuss the possible implications of applying a multidimensional body of law, such as Shariʿa, to contemporary ICA.