The Role of Islamic Law in Resolving International Commercial Disputes Based on the Perspectives of John Burton and Imam Muhammad al-Baqir

Authors

    Fatemeh Mohammadi Department of Theology, Ferdowsi University of Mashhad, Mashhad, Iran
    Hossein Karimi * Department of Law, Ferdowsi University of Mashhad, Mashhad, Iran dr.h.karimi@um.ac.ir
    Zahra Seyed Hosseini Department of Law, Ferdowsi University of Mashhad, Mashhad, Iran

Keywords:

Islamic law, international commercial disputes, John Burton, Imam Muhammad al-Baqir, dispute resolution, mediation, Islamic arbitration

Abstract

This article explores the role of Islamic law in resolving international commercial disputes, focusing on the perspectives of John Burton and Imam Muhammad al-Baqir. Initially, the concepts and definitions of international commercial disputes and Islamic law are reviewed, followed by an analysis of the views of these two figures on dispute resolution. The commonalities and differences in their perspectives are examined, and the application of Islamic law in resolving international commercial disputes is discussed. A case study illustrating the resolution of commercial disputes using Islamic law is presented, highlighting the outcomes and benefits of these methods. The findings of this research indicate that utilizing Islamic law can reduce costs, enhance trust between parties, and foster sustainable commercial relationships. Finally, recommendations are made for improving dispute resolution systems and practical strategies for implementing Islamic law in international commercial disputes are provided. This research can contribute to strengthening existing legal systems and developing Islamic arbitration centers in various countries, introducing new avenues for research and exploration in this field.

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Published

2023-10-17

Submitted

2023-07-24

Revised

2023-09-19

Accepted

2023-10-01

Issue

Section

مقالات

How to Cite

Mohammadi, F., Karimi, H., & Seyed Hosseini, Z. (2023). The Role of Islamic Law in Resolving International Commercial Disputes Based on the Perspectives of John Burton and Imam Muhammad al-Baqir. The Encyclopedia of Comparative Jurisprudence and Law, 1(1), 13-22. https://jecjl.com/index.php/jecjl/article/view/4

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