تمويل الطرف الثالث في التحكيم في مجال الاستثمار الدولي : دراسة شرعية و قانونية

الملخص EN

The aim of the study is to examine the correlation of the Third-Party Funding (TPF) Arbitration and Islamic Law (Shari'a), focusing on conditioning TPF to Alja'ala (An award for finding what is lost).

Modaraba (Party of investors with a fund-man agement party that share profits), Mosaqat and Mozara'a (Giving part of the crop in exchange for farming it), and what objections arise against these conditionings, as well the link between TPF practices and gambling as Gambling is forbidden in Islam.

The study proposed several Islamic accepted alternatives to rectify TPF prac tices according to the Islamic Law.

The researcher used an analytical descriptive meth od in order to achieve this.

Therefore, the concluded findings in the study, in brief, are : conditioning TPF arbitration as Alja'ala, Modaraba, Mosaqat and Mozara'a has many flaws from an Islamic jurisdiction perspective, although from theoretical and practical use of TPF practices, in their current form, are considered a form of gambling.