التحكيم في المسائل الجنائية في الشريعة الإسلامية: دراسة تأصيلية

الملخص EN

Arbitration is deemed to be one on he means used in settlement of disputes among opponent parties.

It is privileged superseding jurisdiction in the point that is focally based on mutual agreement between opponent parties in respect of designating arbitrators, deciding procedure and objective law used by arbitrator while considering subject of the claim, in addition to possibility of reaching mutual agreement on deciding term assigned for considering subject of the claim and the place designated as domicile of the claim.

All of the above determinants based on mutual agreement of parties comprise the main privilege of arbitration over jurisdiction.

They result in acceleration in considering subject of the claim and easy progress of procedure.

This situates arbitration as an important and supportive tributary for jurisdiction through which disputes are settled in a short term avoiding bureaucratic procedure that often results in prolonged term of litigation in a manner that sometimes results in augmentation of dispute and accumulation of loss incurred by opponent parties.

In addition, it might result in keeping jurisdiction and judges busy in lawsuits that could have been resolved in easier manner and shorter term.

Criminal issues is deemed to be among the most important issues related to arbitration.

This is the ore point elaborated by this study.

Although arbitration is widely known to be avoiding involvement in criminal issues, the researcher, in his study contemplated herein, concluded that arbitration is significantly utilized in resolving criminal issues, in compliance with certainly identified measures defined by this study.

The most important of such measures is that arbitration is significantly optimized in settling any criminal issue that comprises taking a compensation, even if exchange of sale and purchase is not utilizes therein.

Furthermore, arbitration is also utilized in issues in which dispute among opponent parties entitled either party waiver his right attributed to it.

Wherever it is eligible for any party waiver his right or make reconciliation in all or any part of it, the dispute will be rendered as a valid issue in the domain of arbitration.

Accordingly, arbitration can be utilized in retribution, major penalties, and warning penalties as long as respective measures are fulfilled, in full accord with the detail contemplated within this study.