التحكيم بين الزوجين في الفقه الإسلامي و قانون الأحوال الشخصية الإماراتي

الملخص EN

This research aims to clarify the concept of arbitration in marital disputes in the Islamic jurisprudence , including its legal status ,its controls and the mission or the duty of the two arbitrators with reference to the views and doctrines of scholars regarding this subject.

The paper also discusses and explains the preponderant opinion in Shariah , with a comparative study with the law of personal status in the United Arab Emirates in 2005.

Reference to the laws of personal status in some Arab countries has been made.

It was found that in the case of dissension between the spouses, and when the judge is unable to identify who is wrong, he has to select two arbitrators ,one from the wife’s family and the other from the husband’s family.

The arbitrators’ duty is to try to reconcile between the spouses and if they could not, they separate them.