ABSTRACT
This chapter critically analyses evidentiary and procedural rules under both classical Shariʿa and contemporary Shariʿa-based arbitration rules. It discusses the issues which arise if classical Shariʿa is relied upon to govern the arbitration proceedings. One such issue is the violation of procedural fairness if the tribunal applies a certain interpretation of Shariʿa which treats the evidence of a woman differently to that of a man. The chapter discusses whether the evidentiary procedure in relation to expert witnesses as set out in the i-Arbitration Rules could violate procedural fairness, and whether the i-Arbitration Rules provide comprehensive guidelines on the appointment of a Shariʿa expert or SAC. It discusses whether it would be preferable for Shariʿa-based arbitration to be subject to specific Shariʿa arbitral rules, such as the International Islamic Centre for Reconciliation and Arbitration (IICRA) or the i-Arbitration Rules in order to ensure certainty and procedural fairness.
