PRE-INVESTMENT PROTECTION IN CONNECTION WITH SHARIAH LAW UNDER INTERNATIONAL INVESTMENT LAW
The territory of an Islamic state is governed by Shariah law. It means every economic operation by national or non-nationals like investment process in an Islamic state’s territory have to be considered from the point of view of Shariah law. In this direction, on the one hand, it is important...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bashkir State University
2024-12-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/1035 |
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| Summary: | The territory of an Islamic state
is governed by Shariah law. It means every
economic operation by national or non-nationals
like investment process in an Islamic state’s
territory have to be considered from the point of
view of Shariah law. In this direction, on the one
hand, it is important to be informed regarding
Shariah law flowing in host Islamic states at preinvestment
stage. On the other hand, drawing
a precise framework of the position of Sharia in
the territory of the Islamic State is considered a
type of pre-investment protection. One of these
pre-investment protections is investment guides
which is published every year by origin or host
states to depict the investment environment of
the host state. Purpose: In this article, I am going
to analyze the investment guides and answer the
main question, how much have investment guides
paid attention to Sharia law in the host Islamic
state? Methods: general scientific methods of
theoretical knowledge, as well as general logical
methods and research techniques are used in
analyzing existing investment guides of Islamic
and non-Islamic states. Results: the present article
has come to the conclusion that, the Islamic states
hosting foreign investments, like many Arab states
in the Middle East, have explained the dimensions
and effects of Sharia law in the direction of
foreign investment process better than the origin
states. In addition, the origin states’ attention to Sharia law depends on the legal system
governing the investment host Islamic state. |
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| ISSN: | 2500-0217 |