نوع مقاله : علمی پژوهشی
1 دانشیار حقوق خصوصی دانشگاه گیلان
2 دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه گیلان
عنوان مقاله [English]
The increase in the number of Islamic financial institutions and the emergence of Islamic banking in recent decades has led to the expansion of Islamic contracts and religious-based commercial activities in the international arena, and hence the possibility of recognition and application of religious laws in international commercial contracts has been notable and interesting. Therefore, this paper with an analytical-descriptive method seeks to examine the status of religious law as a non-state law in international instruments and to explain the possibility of choosing and applying it as governing law in the international commercial contracts in the judicial precedent. It is concluded that, although the practical procedure and the realities of the international business world do not allow such a choice, Article 3 of The Hague Principles on the choice of law in international commercial contracts 2015 by applying a new approach and extending the scope of party autonomy, supports choosing religious law as governing law in the contract. In recent years, rendered judgments have also been given a more flexible stance on the choice of religious law and recognizing greater authority for the parties to the international commercial contracts.