Özet:

With the increased effectiveness of the Islamic states in the economic field, the demand for the application of Islamic law in the disputes that these countries involve has increased. But in modern legal systems the source of law is not religion, but laws. Nevertheless, as a result of the principle of freedom of will in particular law, it is possible to apply religious rules to the dispute between the parties. For this reason, the parties need to make a valid legal choice. The law of the state is the law of the state, which is the law of the state in terms of state courts. It is not possible to choose the Islamic law as a law to be applied. But it is possible that Islamic law be regarded as an ethnic law rules and accepted as contractual provisions. However, in the jurisdiction of choice, it will be insufficient to refer only to Islamic law or the general principles of the Charity. The Islamic law or the general principles of the Charity cannot be said that there is a whole and practical rule that exists in the world in terms of concepts. In this regard, it is possible to consider the will of the parties as an invaluable legal choice because they cannot be revealed. In the case of Shamil Bank of Bahrain v. Beximco, which was seen in the British courts, these facts were also discussed and the reference to the "High Charity Principles" was declared invalid.

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