القضاء في الجزيرة العربية قبل الإسلام : دراسة في فلسفة القانون

Abstract EN

Arbitrage existed with the existence of the human being, and natural laws imposed Arbitrage from time immemorial and before the existence of the idea of the state, and the arbitration system was the first path of justice for individuals to achieve security, peace and justice among members of society, and it is not surprising that the state adopted it after it was imposed by individuals- Where it is difficult- if not impossible, the state deprive its members of the arbitration system and its advantages.

And if this is the case, then it is a judiciary that the conditions of life and the need for justice have set for us, and it is inevitably imposed in the absence of the state and in places far from the authorities of the state, as is the case in tribal and clan organizations such as the Awlad Ali tribes, in the Sinai desert, and among the Levantine clans, as well as among the Yemeni tribes.

The Yemeni tribal arbitration system has been closely linked to the tribal tradition.

The historical fact is that the arbitration system appeared before the emergence of the systematic judiciary, because the emergence of the judiciary was associated with the emergence of organized or semi-organized societies in their modern form.

The form of the state, and if the judicial system appeared with the advent of the state, then the arbitration system appeared before that, so perhaps the arbitration of Cain and Abel was the first arbitration on the earth.

This research discusses arbitration before Islam and its impact on the society of the Arabian Peninsula.