Semi-Secular Arbitration in Islamic Banking and Finance Disputes: A Proposal - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Semi-Secular Arbitration in Islamic Banking and Finance Disputes: A Proposal by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Semi-Secular Arbitration in Islamic Banking and Finance Disputes: A Proposal 86 2

This article explores the resolution of Islamic finance disputes through arbitration. It discusses in some detail the reason for which national courts meet natural limitations in the application of the Islamic Shari'a and are as such an imperfect forum for the resolution of Islamic finance disputes. Arbitration more specifically allows a more flexible approach to the governing law, admitting the application of the Islamic Shari'a as a body of legal rules. In order to accommodate Western users of Islamic finance products, the article proposes the introduction of a hybrid form of arbitration, namely semi-secular arbitration that allows the combination of mandatory requirements of the Islamic Shari'a with features of international commercial arbitration whilst ensuring a Shari'acompliant outcome.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management