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International Construction Law Review

APPLICATION OF ISLAMIC LAW IN THE MIDDLE EAST—INTEREST AND ISLAMIC BANKING

SALEH MAJID*

Advocate (Iraq), Middle East Legal Consultant

AND

FARIS MAJID

LLM (London)

1. INTRODUCTION

Contractors and banks intending to enter into construction contracts or financing transactions for projects in the Middle East are faced with questions of the application of Islamic law and the compliance of certain provisions of their contracts with Sharia . This article is in no way a comprehensive study of these immense issues. The writers were mainly motivated to write this article by questions put by Western lawyers and businessmen fearful of entering into contracts with Middle Eastern government entities, when a contract stipulates the application of national laws and national jurisdiction.
Such fears are often due to lack of knowledge of the laws of the Middle East countries and also partly because of the myth of Islamic law which many Western jurists and businessmen obtain from negative public media. However, banks and European contractors intending to enter into contracts, whether for financing or constructing projects in the Middle East, are well advised to raise legal questions and to seek legal advice as to the validity of certain contractual provisions and in particular those related to the charging of interest.
With this in mind, we shall present in part 4 of this article a short and general survey on the extent of the application of Islamic law in certain Middle East Arab countries, showing where and how far Islamic law applies. Related to the same issue, part 5 will deal with the concept of and the prohibition of interest under Islamic law. Part 6 is devoted to a short outline on Islamic Banking, referring to certain model contracts which have been used in financing construction and other projects. Prior to that, in parts 2–3, and related to the subject, a definition of Islamic law and a short background to Islam may be useful in order to introduce readers to a few of the terms used


[2003
The International Construction Law Review

178

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