التحكيم في حل نزاعات العقود الإدارية بين الشريعة والقانون الليبي : دراسة مقارنة /
The study aimed to identify arbitration in Libyan law and Islamic law. T The problem that led to this study is that there is a clear conflict of subordination of some Libyan institutions to foreign arbitration centers or bodies that are not local and independent of the Libyan government, which makes...
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| Format: | Thesis Book |
| Language: | Arabic |
| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/11128 |
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| Summary: | The study aimed to identify arbitration in Libyan law and Islamic law. T The problem
that led to this study is that there is a clear conflict of subordination of some Libyan
institutions to foreign arbitration centers or bodies that are not local and independent of
the Libyan government, which makes the rights of contracting parties vulnerable to
being lost. The proposed form of the Libyan arbitration law did not clearly regulate
arbitration in administrative contract disputes due to the scattering of legal articles
related to arbitration, and the failure to complete the legal formulation that can be relied
upon in organizing arbitration. The study highlights the importance of shedding light
on the challenges facing the application of arbitration in resolving administrative
disputes in Libyan law and ways to treat them in the light of Islamic law. The study
followed the analytical approach to analyze arbitration in Libyan law and Islamic law.
The study also followed the inductive approach to extrapolate the texts of the Noble
Qur’an and the Sunnah of the Prophet regarding arbitration, and the study followed the
comparative approach to compare arbitration in Libyan law and Islamic law. The study
reached many results, including that the provisions of Islamic Sharia are identical to the
Libyan law in the matter of resorting to private arbitration bodies as it saves time, effort
and the necessary cost required for the conduct of the lawsuit, taking into account not
to give up the possibility of presenting lawsuits before the courts. In order to appeal the
arbitration decision and to review once again the case in dispute. The results also
concluded that there is no conflict between Islamic Sharia and the provisions of the
Libyan Civil Procedures Law, and that the Libyan law coincides with the opinion of the
Malikis and Hanbalis in the issue of the arbitrators’ response, and there is no conflict
between Islamic Sharia and the Libyan law in the matter of disqualifying the arbitrators
from the task of arbitration between the conflicting parties. The study recommended the
necessity of developing legal texts on arbitration, discussing the new Libyan proposed
arbitration law, and reformulating legal texts to ensure their clarity and simplicity of
drafting. It also recommended emphasizing the invitation of legal experts with legal
experience in drafting legal articles in order to divide the new arbitration law into
sections according to the nature of administrative contracts. |
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| Item Description: | Abstracts in English and Arabic.
"بحث مقدم لنيل درجة الماجستير في معارف الوحي والتراث."--On title page. |
| Physical Description: | [xii], 174 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 141-164). |