De l'existence d'une Lex mercatoria islamica et de ses conséquences juridiques

Abstract

The concept of Lex Mercatoria refers to the idea of merchant law created in Europe during the Middle Age. The specificities of this legal order consist in its transnational and out-of-state character. Indeed, the Lex Mercatoria general principles would be based on the commercial practices established by the business world. These features are surprisingly similar to the recent attempts in the Muslim world to codify fundamentals Islamic principles related to economic sphere . Thus, economic Islamic doctrine includes specific rules such as the interdictions of interest (Riba), of chance (Gahar), and of speculation (Maysir). As a consequence, could these Islamic principles form a sort of Lex Mercatoria islamica? Then, this concept could be used as guideline to compare Islamic principles with the Western legal systems and in particular Belgian law?