The Private International Law in Islam

Abstract

The huge development in telecommunication facilities and transportation, which of course increases the ability of instituting relations between individuals from different countries, led toward paying more attention to the importance of private international law. The law that regulates the relations which rise between individuals in different countries. In order to know the Islamic sharea situation of this law, the research Focuses on three topics (which were organized and mentioned in private international law) : conflicts of law, 11ationality_ and conflicts of international judicial jurisdiction. We notice that these terms are not used in the Islamic jurisprudence but that doesn’t reflect that such issues are not mentioned by the Islamic jurists. Through this research I notice that; the majority of legal jurisdiction points at the conflict between the fundamentals of the private international law and the Islamic Sharea, I Found that Islamic jurists discuss these issues and put rules to regulate thein either by applying Sharea or any non Islamic Legislations. This also applies the nationality issue, which doesn’t mean that it needs to be Muslim in his religion, In addition the Islamic state recognizes situations settled by non-Muslim judges. This research concluded that the recognition of the importance Of the Islamic Sharea to the private international law.