CISG 제78조의 이자에 관한 규정에 대한 아랍 이슬람법(샤리아)의 법적 적용

As the United Nations Conventions on Contracts for the International Sale of Goods (CISG) become universally implemented, the Arab Muslim signatories to the CISG is Egypt, Iraq, Syria and Mauritania. Unlike other areas of law, such as common law or civil law, Islamic law covers both secular and religious activities. Different Islamic countries may apply rules differently depending on how firmly entrenched the issues are in Islam Islamic economic and financial institutions are guided by the Shari`a, the precepts of which are founded upon the Qur`an and the Sunnah. According to the Shari`a, transactions mush be free of interest(riba) and activities or transactions involving speculation must be avoided. But Shari`a has to function in the midst of western-inspired legal structures and in an environment that is far from the pure ideal Islamic state. As Egypt, Iraq, and Syria have signed the CISG without reservation to its Article 78, the Islamic parties may opt out of Article 78 under Article 6 of the CISG, Islamic banking is enjoying great success albeit recent. The prohibition of interest had led Islamic banks to create various Islamic financial instruments as alternatives to conventional financial methods, such as Mudarabah(trust financing) and Musharakah(partnership). However, it must function and co-exist with interest-bearing bank practices. In light of all these considerations and despite the prohibition of riba in Shari`a, it appears likely that an Islamic forum will enforce Article 78 of the CISG. For Muslims the fundamental laws are in the Quran and Sunna, yet these laws have continued to be supplemented and interpreted over time through the work of Islamic jurists and theologians across the Middle East Consequently, Muslim states havce managed to modify and develop their laws over time in accordance with the Islamic jurisprudence that `the rules change as the times change`