Arbitration Provisions and its Usefulness in Modern Societies
Auteur: أ.د. عبد الرحمن رياض عماش
Type: journal
Année: 2020
Résumé
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 nonMuslim 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.
Heure de Beyrouth