تشكيل هيئة التحكيم و إشكالاته و طرق معالجتها في الفقه و القانون

Abstract EN

The study dealt with the formation of the arbitral tribunal and its problems and ways to address them in jurisprudence and law, the problem of the study was that the spread of the phenomenon of divorce in the courts is due to the absence of arbitration circuits on issues of discord and separation, and there is a shortcoming in the legislation.

The legal measures put in place by Islam to protect it and its continuity and to ensure that continuity and not to be exposed to the collapse of life and the importance of dialogue, discussion and exchange of opinions between parents to draw understanding and advice between spouses, the urgent need to adopt the idea of arbitration in general is required by law and socially to try to conciliation and reconciliation and to preserve the family, whether the request for divorce is from the husband or the mother From the side of the wife, adopting this idea and activating it will limit the many divorce cases that occur in our country.

Its binding arbitrator character to the litigants and when it is a valid and enforceable judgment, the study followed the descriptive analytical approach, The study reached the most important results, there is no organization mechanism and it clarifies how to choose arbitrators in cases of discord and conflict, which makes it difficult to reach the arbitration goal of reform and may lead to many problems.

Its achievement is reform between spouses.