أحکام التحکيم وجدواه في المجتمعات الحديثة

عنوان المقالة [English]

Arbitration provisions and their feasibility in modern societies.

المؤلفون [English]

Dr. Abdul Rahman Riyad Ammash .

Associate Professor at the Faculty of Arts and Humanities at the International University of Beirut - Lebanon - Department of Islamic Studies .

المستخلص [English]

Abstract:

There is a need to resolvedisputes between adversaries, in places where the qualified scholars, or impartial legitimate judgesare very rare. Some issues are related to marriage contracts in addition to transactions like partnership, financing a profit-sharing venture and others.Moreover, the issue of appointing the compensations due to the homicide, in order to prevent unjust murder that takes place between individuals and tribes. Also,the need to know and appoint those who are qualified to be guardians for the insane, the Alzheimer’s patients and the orphanage; especially, in non-Muslim countries where there is no judge for Muslims. Knowing also, who has the power to judge people in their cases under modern regulations. Isthisproblem resolved by the arbitrator or the like? This research was in a statement of the importance of  the existence of the arbitratorand its provisions, whether or not the imam exists,thestatement of its terms, how its ruling is valid, how it isdocumented, andhow the judge considers it if it is informed.  And how to isolate the arbitrator. Is theapplication of arbitration, under the new regimes, still a need for the stability of society? What isthe answer to those who say that the application of Islamic sharia laws is underdevelopment and complex.

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Introduction:

It depicts the reality of the Muslims, and explains the need for arbitration, and knowing who has the authority to rule by breaking the Kaf or ruling to open it. So that matters are straightened between people, hatred and enmities are renounced, and societies are organized. It is followed by a mention of the reasons for choosing the topic, and the importance of the research with mentioning its problem.

Boot: In it he mentioned the legality of arbitration and the flow of the predecessors to it in some of their cases.

Chapter One: The legality and wisdom of arbitration.

It contains four topics:

The first topic: Clarifying the meaning of arbitration, linguistically and legally, and the difference between judiciary and arbitration.

The second topic: A statement that the legal principles on which arbitration rulings are based are the Book, the Sunnah, and the consensus.

The third topic: Does the application of arbitration, in light of modern systems, remain a need for the stability of society?

The fourth topic: a statement of what is the response to those who claim that the application of legal rulings is regressive and complicated.

Chapter Two: The Way of Judgment and Its Effect. It contains four topics:

The first topic: Who has the authority to judge between people in their cases under modern systems?

The second topic: the effect of arbitration and its enforcement and revocation. The third topic: Documenting the ruling of the arbitrator and implementing it. The fourth topic: the effect of reversing arbitration.

The conclusion includes: conclusions and recommendations.

الکلمات الرئيسية [English]

(The Holy Book) (Sharia) (Regulations) (Society) (Consensus) (Provisions) (Modern) (Consensus).