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Conflicts of interest? Reconciling international contract law and Islamic law’s prohibition of usury

  • Lisa Spagnolo
  • Maria Bhatti

Press/Media: Expert Comment

Description

Opinion piece: A recent decision by Saudi Arabia to become a party to the United Nations Convention on Contracts for the International Sale of Goods (CISG) raises the question as to whether this 'gold standard' in global contract law could be compatible with Islamic law. Resolving this question will be an important step in enhancing global trade among cross-border traders to achieve greater unity between distinct legal and cultural frameworks and foster broader economic cooperation and harmony. If Saudi Arabia can demonstrate how the UN Convention on Contracts for the International Sale of Goods can interact compatibly with Islamic law, this could inspire greater participation from Muslim nations.

Subject

Islamic law, CISG, international contract law, Vienna Sales Convention, interest obligations, prohibition on riba, gharar, gharamah, ta'widh, sharia

Period29 Aug 2023

Media contributions

1

Media contributions

  • TitleConflicts of interest? How to reconcile international contract law and Islamic law’s prohibition of usury
    Degree of recognitionNational
    Media name/outletABC Religion & Ethics Report
    Media typePrint
    Duration/Length/Size2474 words
    Country/TerritoryAustralia
    Date29/08/23
    DescriptionA recent decision by Saudi Arabia to become a party to the United Nations Convention on Contracts for the International Sale of Goods (CISG) raises the question as to whether this 'gold standard' in global contract law could be compatible with Islamic law. Resolving this question will be an important step in enhancing global trade among cross-border traders to achieve greater unity between distinct legal and cultural frameworks and foster broader economic cooperation and harmony. If Saudi Arabia can demonstrate how the UN Convention on Contracts for the International Sale of Goods can interact compatibly with Islamic law, this could inspire greater participation from Muslim nations.
    Producer/AuthorLisa Spagnolo and Maria Bhatti
    URLhttps://www.abc.net.au/religion/can-islamic-law-and-international-contract-law-reconcile/102791018
    PersonsLisa Spagnolo, Maria Bhatti