Shari’a Law and Its Impact on the Development of Muslim and Non-Muslim Business Relations in the United Arab Emirates

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2020-06-01 DOI:10.1515/ldr-2020-0052

Rehanna Nurmohamed

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引用次数: 4

Abstract

Abstract The United Arab Emirates (UAE) is situated near the Persian Gulf in the North Eastern part of the Arabian Peninsula. Established in 1971 by the late Sheikh Zayed Al Nahyan, the UAE forms a federation of seven Emirates consisting of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain, Ras Al Khaimah (The Emirate of Ras Al Khaimah had officially joined the federation on the 11th of February 1972.), and Fujairah. Because of its diversity and cosmopolitan nature, the country has always been a crossroad and prime location for people and trade. As Islam and Islamic principles have influenced Gulf societies in the very core of its existence, the Islamic way of conduct in trade relations and dispute resolutions are an element of paramount significance. This Article explores the role of Shari’a Law and its impact on the economic development of Muslim and non-Muslim business relations in the UAE and in particular in the Emirate of Dubai. The law and development from an Islamic perspective introduces a new vision on the theories of law and development by addressing the influence of Shari’a Law in economic development. In international trade relations and dispute resolution mechanisms such as formal contract enforcements in the Dubai International Finance Centre (DIFC) and the Dubai International Arbitration Centre (DIAC) the plurality of laws leads to the adoption of Shari’a Law over the Civil and Common Law regimes.

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伊斯兰教法及其对阿拉伯联合酋长国穆斯林和非穆斯林商业关系发展的影响

阿拉伯联合酋长国(UAE)位于阿拉伯半岛东北部的波斯湾附近。阿联酋于1971年由已故的谢赫扎耶德·阿勒纳哈扬(Sheikh Zayed Al Nahyan)建立，由七个酋长国组成，包括阿布扎比、迪拜、沙迦、阿治曼、乌姆库瓦因、哈伊马角(哈伊马角酋长国于1972年2月11日正式加入联邦)和富查伊拉。由于其多样性和国际化的本质，这个国家一直是人口和贸易的十字路口和黄金地段。由于伊斯兰教和伊斯兰原则在其存在的核心方面影响了海湾社会，伊斯兰在贸易关系和解决争端方面的行为方式是一个极为重要的因素。本文探讨了伊斯兰教法的作用及其对阿联酋，特别是迪拜酋长国穆斯林和非穆斯林商业关系的经济发展的影响。《伊斯兰视角下的法律与发展》通过论述伊斯兰教法在经济发展中的影响，对法律与发展理论提出了新的看法。在国际贸易关系和争端解决机制中，如迪拜国际金融中心(DIFC)和迪拜国际仲裁中心(DIAC)的正式合同执行，法律的多元化导致了伊斯兰教法在民法和普通法制度上的采用。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.