التحكيم وأثره في فض المنازعات دراسة مقارنة

Abstract

This study aimed to explain the arbitration rulings and their impact on the settlement of disputes as a comparative study, and it also sheds light on the definition of arbitration, its legitimacy and its history. Iftaa), which includes two demands: The first requirement: the concept of arbitration, its importance and history. The second requirement: related words (judgment - reconciliation - conciliation - agency - experience - fatwas). The second topic: the arbitration system and its provisions in Islamic Sharia and the Saudi system. It contains four demands: The first requirement: the legality of arbitration in Islamic Sharia and the Saudi system. The second requirement: the arbitration ruling in Islamic Sharia and the Saudi system. The third requirement: the origins of arbitration in Islamic Sharia and the Saudi system. The fourth requirement: issues in which arbitration is permissible, and in which it is not permissible to arbitrate. The third topic: the arbitrator and its conditions. It contains three demands: The first requirement: the definition of the arbitrator in language and terminology. The second requirement: The second requirement: the conditions of the arbitrator in Islamic Sharia and the Saudi system. The third requirement: the mandatory rule of the arbitrator in Islamic Sharia and the Saudi system. Fourth topic: Implementation of the arbitration ruling in Islamic Sharia and the Saudi system. It contains three demands: The first requirement: The ruling on implementing arbitration provisions in Islamic Sharia and the Saudi system. The second requirement: the conditions for implementing the arbitration ruling in Islamic Sharia and the Saudi system. The third requirement: the implementation of arbitration rulings through the executive authorities. Finally, the conclusion: It includes the most important results that I reached, and some recommendations. Then the index was appended with the most important references and sources.

key words:

Judiciary - conciliation - agency - expertise - fatwa - arbitrator - system - Islamic law