Arbitration in Islamic Fiqh؛ (Jurisprudence)

Mohammad Al - Alfi

Yarmouk University, Irbid, Jordan

Abstract

In its ninth session؛ (Abu Dhabi 1416 A. H., 1995 A.D), the Academy of Islamic Fiqh؛ (Jurisprudence) was of the opinion that arbitration and its contemporary applications occupy an important place in Islamic thought, which requires a careful study of the subject and clarification of its various rules.

The purpose of this paper is to shed light on the most significant elements as dealt with by Islamic law, and to present the write's view point on the legality of new developments in the field of arbitration, particularly the following:

1. Appeal of non - Muslims to Muslim law courts.

2. Appeal of Muslims to non - Muslims courts especially in personal statute cases.

3. Appeal of Muslims to international Arab and Islamic courts.

After a deliberative study, the paper has come to the conclusion that it is necessary for Muslim minorities to unite together in their countries of residence in order to be able to implement their own Islamic Shari'a, even if it were through arbitration.

As regards Muslim countries, there is nothing banning from appealing to international arbitration and judicature if their dispute happens to be with non - Muslim countries. But if the dispute is between two Muslim