التحكيم بين الزوجين في القانون الليبي: دراسة مقارنة

Abstract EN

This research deals with an investigation of matters related to arbitration between spouses in Islamic law and Libyan law, so that it facilitates the reference of those interested in personal status issues to it.

I chose the topic of arbitration between spouses due to its great importance in healing the rift and preserving the family entity from fracture, and I dealt with this topic according to a methodological plan that consisted of two sections.

The first showed what arbitration is and the legal basis on which it is base.

And the second section dealt with the procedures that the two arbitrators must follow in arbitration between spouses and the legal nature of their ruling.

This study concluded with a number of results, including: Arbitration isobligatory between spouses in Libyan law in the event of discord if the spouses do not agree on divorce, and that the report of the two arbitrators is equivalent to the expert’s report in the civil case, and that Libyan law limits the task of the two arbitrators to reconciliation only, while separating the spouses is within the jurisdiction of the court, as This study concluded with a number of recommendations, including emphasizing the provision of relativesin arbitration and the promise of asylum for those who are far away, except asan exception.

The study also recommended that there be a special schedule for Islamic low arbitrators similar to the schedule of experts, and that special qualification courses for arbitrators be followed, and that the two arbitrators be experts in islamic law.

Law or social workers.