شروط الحكم في دعاوى التفريق بين الزوجين في قانون الأحوال الشخصية الأردني رقم 36 لسنة 2010 : دراسة فقهية قانونية

Abstract EN

Arbitration is legitimated in Islam in cases of dispute and disagreement.

This study aimed to demonstrate the legality of Arbitration in Islamic law and its importance in the Jordanian Personal Status Law.

The study examined the conditions of arbitrators in Islamic law and in the Jordanian Personal Status Law Number 36 of 2010.

It also addressed the importance of the arbitrator’s role in Islamic jurisprudence, and the Jordanian Personal Status Law, and the tasks and work of arbitrator in Islamic jurisprudence, and Jordanian Personal Status Law and the liability of arbitrator’s ruling/decision in Islamic jurisprudence and the Jordanian Personal Status Law.

The researchers found in their study that the Jordanian legislator when considering the terms of the arbitrator had clearly omitted the two conditions of being a Muslim and being a male though these two conditions were indicated either implicitly or in the main rulings of the Appeal Court.

The legislator defined known conditions of an arbitrator that cannot be ignored.

The researchers therefore suggest that it is necessary to reconsider the conditions of the arbitrator and to highlight the importance of the text of the article (323) in understanding the law in order for the researcher to understand the law.