الملخص الإنجليزي
There have been many studies comparing Maliki jurisprudence and French contract law. Still, little attention has been given to comparing arbitration in Islamic law with the French theory of the autonomy of international arbitration. Thisis surprising considering that some Arab countries have experienced serious consequences from applying the French theory in the past. Considering Paris's significant role as a place for arbitration, especially after Britain's exit from the European Union in 2020, it would be valuable to compare this French theory with Islamic law to develop fairer legal solutions than those followed in positive law. Therefore, this research compares the French theory of arbitration autonomy with the solutions used in Sharia law, focusing on the methodology of the study, which involves comparing the foundations and rules of the legal solutions used in both French law and Sharia. Specifically, it examines the approach used to justify the recognition of annulled arbitral awards in the country where they were issued. The research concludes with results, the most notable of which is that there are points of agreement and convergence in content between Sharia and French law. This is while noting that there is a form of justice distribution in French law that does not exist in Islamic law.
