Commercial arbitration in Islamic jurisprudence : a study of its role in the Saudi Arabia context
This thesis is an extensive analysis of commercial arbitration within Islamic Jurisprudence, clarifying its rules starting with the fundamentals of its origins which are based on the Quran, Sunna, Consensus and Analogy. The opinions of scholars from various schools of Islamic Jurisprudence are discussed so that the most appropriate ones can be used in support of the thesis in relation to the current epoch. These opinions will be linked to modem arbitration legislation, both international and local, in an attempt to discover the similarities and differences between them and the extent to which international and local legislation is related to the acceptance of arbitration from the perspective of Islamic Jurisprudence. The thesis will also analyse the legal aspects of the 1983 Saudi Arbitration Law and its 1985 Implementation Rules so as to discover the extent of the role of Islamic Commercial Arbitration in the Saudi Arabian context. It will also show the need for further ratification in this sphere in order to develop the Saudi Arbitration Law so as to encourage more foreign investment and achieve more efficiency and harmony within international commercial arbitration. Chapter one will deal with the definition of arbitration and its legality within Islamic Jurisprudence. Chapter two will discuss the pillars of the arbitration contract and endeavour to answer the question of women's role in arbitration and also to what extent non-Muslims can be arbitrators in various situations. Chapter three will focus on Islamic arbitration proceedings. Chapter four will deal with arbitral awards, their definitions, interpretations, components and corrections. It will also clarify some misunderstood points and concepts about Islamic Jurisprudence. Chapter five will explain the system of challenging arbitral awards and the extent to which they can be examined within Islamic Jurisprudence. It will also focus on challenges in Saudi Arbitration Law. Chapter six will explain the recognition and enforcement of national and foreign arbitral awards as they pertain to Islamic Jurisprudence and Saudi Arbitration Law. Suggestions resulting from this analysis will be outlined in the conclusion of this thesis.