Balancing Shariah and Modern Arbitration: The Role of Ghabn in Saudi Arabia And UAE

Abstract

This research focuses on how Islamic law in general influences commercial arbitration laws within the legal frameworks of the UAE and Saudi Arabia, using the notion of ghabn as an example. Although the study analyzes the legal systems of these two countries, it does not delve deeply into the arbitration rules of other Gulf countries. In addition, since Arabic is the official language of both countries, certain Arabic-language sources are also used, extending the scope of the study beyond just English sources. I would like to point out that the purpose of this study is not to propose comprehensive solutions to the challenges of integrating the principles of Islamic law into international commercial arbitration practices in general, but rather to give the readers a clear understanding of how the principles of Islamic law in general and the concept of Ghabn in particular are used in commercial arbitration in Saudi Arabia and the UAE and to provide suggestions for enhancing harmony between Islamic law and modern international arbitration procedures.

The study employs a legal research technique, with a particular emphasis on the examination of primary and secondary sources related to Islamic law. Moreover, it also draws on pertinent legislation, such as the United Arab Emirates and Saudi Arabian arbitration statutes, academic dissertations, legal commentaries, and scholarly publications are examples of secondary sources that shed light on the relationship between Islamic law and arbitration. In order to determine the similarities and variations in how Ghabn is applied by the court systems of these two nations, the study also employs a comparative legal analysis. Furthermore, the evolution of the notion of Ghabn in Islamic law and its applicability to contemporary arbitration procedures are traced through historical study.

This methodology allows for a thorough examination of the legal ideas underlying ghabn and their application in contemporary circumstances, making it especially appropriate for the study of Sharia and arbitration. The study intends to give a thorough grasp of the function of Ghabn in arbitration and to provide useful suggestions for reconciling Sharia with international arbitration standards by fusing doctrinal research with comparative and historical analysis.