Private International Law and Sharia: Basic Categories and Institutions in a Comparative Context

The work is devoted to a comparative analysis of the rules of Islamic law (Sharia) and European private international law. The author aims to find similarities and differences between the main sources and institutions of European private international law and Sharia, and also raises the question of the possibility of implementing the norms of private international law in Sharia. The author comes to the conclusion that despite the dualistic (secular) approach in various countries of Islamic law, the prevailing rule remains that Shariah rules should be the main source of law and have priority application in all disputable situations where the parties to the legal relationship are Muslims. Implementation takes place, but with limitations and these limitations vary from one country of Islamic law to another. Thus, for example, in Saudi Arabia and Qatar these limitations are significant, while in Jordan and Bahrain, the legislation is close to the understanding of secular regimes, due to the adoption of relevant legislation at the state level, while the Shariah also remains an important source of law in these countries.