Islamic Law in Secular Courts (Again): Teachable Moments from the Journey

Abstract

A trio of English Court cases illustrates some of the issues and complications that arise when secular courts are asked to resolve disputes involving Islamic law, Muslim litigants and Islamic financial institutions. These cases also demonstrate the need for the further clarification and harmonization of Islamic law, particularly in banking and finance. This note discusses the relevant arguments and outcomes of these cases, case lessons, and the need for further clarity and predictability in Islamic banking and finance.

Keywords: Islamic finance, Jivrage, islamic law, english courts, islamic banking, governance

JEL Classification: F30