Jurisdiction(s):
United Kingdom

Key definition

Shari’ah definition

What does Shari’ah mean? Used in UK and Irish practice to describe Islamic religious principles referenced in contracts (especially Islamic finance) or personal matters, rather than a source of state law. Shari’ah (also Sharia; literally, “the clear path to water”) is not defined in UK or Irish legislation or case law and is treated by the courts as religious doctrine. Across England & Wales, Scotland, Northern Ireland and Ireland, conflict of laws rules do not permit Shari’ah, by itself, to be the governing law of a contract (see Beximco v Shamil Bank [2004] EWCA Civ 19). Parties may, however, incorporate Shari’ah‑compliance undertakings or...

Islamic finance: Shari’ah sources, principles, governance, market participants and core transaction structures (Ijarah, Istisna’a, Mudaraba, Murabaha, Musharaka, Salam, Sukuk, Takaful) — a practitioners’ guide

Published by a LexisNexis Banking & Finance expert

Practice notes

This Practice Note offers a concise primer on Islamic finance and specifically considers:

the character and breadth of shari’ah
the sources underpinning Shari’ah
the core tenets of Islamic finance
the main actors within the Islamic finance market
the principal Islamic finance transaction structures

Islamic finance framework

Shari’ah, often termed Islamic law, is the legal system of Islam that prescribes duties—a code of conduct—for individuals to follow so they may lead lives that are rewarding and of benefit. While the phrase ‘Islamic law’ is common, many prefer ‘Shari’ah’ to distinguish it from Western or Christian notions of ‘law’ and their typical assumptions, for example:

Shari’ah is intrinsically non-secular, drawing no line between religious and governmental institutions, authorities or ordinances
Shari’ah functions as both a legal system and a moral framework, rather than a legal system merely grounded in morality
Shari’ah governs both public and private domains

Shari’ah transcends geographical and jurisdictional borders...

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Web page updated on 21/05/2026

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