The Implementation of religion as a governing law in the light of international Instruments and precedents

 The increase in the number of Islamic financial institutions and the emergence of Islamic banking in recent decades has led to the expansion of Islamic contracts and religious –based commercial activities in the international arena, and hence the possibility of choosing and exercising (applying) religious laws in international commercial contracts, has taken. Although the practical procedure and the realities of the international business world do not allow such a choice, Article 3 Hague principles on choice of law in international commercial contracts 2015 by applying a new approach and extending the scope of party autonomy, supports choosing of religious law as governing law in the contract. In recent years, rendered awards have also been given a more flexible stance on the choice of religious law and recognizing greater authority for the parties to the international commercial contracts. The present article, therefore, seeks to discuss the possibility of recognition and application of religious laws as the governing law on commercial contracts in the international arena.