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Conflict Of Laws

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Chapter Summary

The courts in England and elsewhere in the world must accept the need to firstly ascertain the proper law of domicile when dealing with personal status matters involving Muslims, because it is on that principle that the proper law applies. It is the law of Islam, the Shari'ah and the personal status laws based upon the Shari'ah, which apply to all Muslims. This chapter focuses on attitude of English law as described on page 741 of Dicey and Morris, The Conflict of Laws. It then considers the procedure for recognition of foreign judgments in the Arab states. With the exception of Tunisia, conflict of laws in personal status matters is dealt with in the Civil Codes of those Arab states which have modern personal status laws.

Keywords: Arab states; conflict of laws; Islamic law



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