"دور المحكم في فض المنازعات الأسرية " دراسة مقارنة بين الشريعة الاسلامية وقانون التحكيم الفلسطيني
Resorting to Tahkim (arbitration) as an alternative of the ordinary judgment in family disputes is significant because it helps family members come out with a just conciliation whereby they maintain their affectionate and serene relationships and achieve their desired demands. Arbitration settles fa...
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| Format: | Thesis |
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| Summary: | Resorting to Tahkim (arbitration) as an alternative of the ordinary judgment in family disputes is significant because it helps family members come out with a just conciliation whereby they maintain their affectionate and serene relationships and achieve their desired demands. Arbitration settles family disputes in a quick and secret way; it saves time and efforts; and above all it protects and sustains the family stability and structure. Therefore, this study focuses on one of the fundamental aspects of the process of arbitration; that is the arbitrator, for his significant role in arbitration and the resulted judgements. The study is stemmed from a major issue/problem afflicting the Palestinian community and the rest of the Muslim communities, with
varying degrees, namely the large number of the unresolved cases of family disputes accumulated in the courts for many years, which affect the people interests and then lose their rights. Hence, this study underlines the significant role of the arbitrator in solving this problem. Chapter one presents the concept of arbitration and its legal evidences, while chapter two discusses the role of the arbitrator and the conditions of his selection and his obligations. Chapter three is allocated for the responsibilities of the arbitrator and the results of his role. All the discussion is based on both the Islamic Sharia Law and the Palestinian Law of Arbitration. To answer the research questions, the study utilizes the historical method, comparative method, and inductive method. The major findings of the study indicate that the Islamic jurisprudence is in urgent need to be scrutinized in terms of family disputes. In addition, resorting to arbitration
leads to achieving the demands of disputing parties, and maintains affection and serenity among the family. However, this role requires granting the arbitrator wider powers, so that the benefits would be permeated and the objectives would be achieved. The study recommends that a lot of work must be done to put an arbitration law derived from the Islamic Sharia Law and the opinion of Jumhur (majority of scholars) to be appropriate for largest number of the society. With regard to the Palestinian Law of Arbitration, the articles on personal status should be re-assessed and re-evaluated, as well as develop necessary guidelines for them. |
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