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Leonid Syukiyainen examines how treating sharia, or particular sharia-based institutions and rules, as an element of public order in Arab countries affects the application of foreign law and the enforcement of foreign court and arbitral decisions. The analysis focuses in particular on personal status, matrimonial and succession matters, and prohibitions on interest in obligations.
The article considers legislation, decisions by courts and constitutional-review institutions, and contemporary Islamic legal accounts of public order. It finds that almost all Arab countries connect sharia, whether generally or through particular institutions and principles, with public order, giving that connection a role in the application of foreign law and the enforcement of foreign court and arbitral decisions.
Whether sharia-based personal-status, family, succession and interest-related rules constitute a public-policy limit on applying foreign law and enforcing foreign court and arbitral decisions.
The analysis specifies where sharia-based public-order scrutiny operates in the application of foreign law and the enforcement of foreign court and arbitral decisions, distinguishing personal-status, family and succession rules from prohibitions on interest.
Law Journal of the Higher School of Economics · 2026
DOI 10.17323/2072-8166.2026.3.261.289