الضوابط الشكلية المتعلقة بصدور حكم التحكيم في الفقه الإسلامي و القانون

الملخص EN

The ruling issued by the judgment committee is distinguished by being the final resolution in the dispute between the contested parties involved in the case.

In consequence, contested parties are justly served and the new legal pillars are better identified.

In order for the ruling issued by the judgment committee to be in alignment with the goals and objectives aspired, it has to abide by core structural regulations.

Some of these regulations have been agreed upon by Islamic Law jurisprudents, and hence have been in alignment with commonly practiced traditions and customs of modern legal procedures.

Some of them have been newly adopted in response to the urgent need to regulate the approaches pursued in attaining the rightful resolution and thus a ruling that is protected against rejection and dismissal.

Such regulations dictated by the common benefit and the legislative policy ensure the lawful release and endorsement of the final resolution and ruling concluded by the judgment committee.