ABSTRACT

This chapter discusses the theological foundations and historical development of Shariʿa in order to better comprehend the application of Shariʿa in contemporary ICA. It begins by providing an overview of the theological foundations of Shariʿa, the development of arbitration rules under the four schools of Islamic jurisprudence and the eventual codification of arbitration rules under the Ottoman Empire. The chapter provides an overview of how Shariʿa is implemented in the contemporary world and discusses the possible implications of applying a multidimensional body of law, such as Shariʿa, to contemporary ICA. Muslims believe that the Prophet Muhammad is the last prophet or messenger of Islam. Historically, according to Sunni Islamic teachings, it was only after the Prophet Muhammad's death that Islamic jurisprudence was formulated, under the Abbasid Caliphate in the eighth and ninth centuries. The Qurʿan and hadith are not legal manuals and instead, provide indications directing an Islamic scholar to the causes of the rulings.