النظام القانوني للأقليات المسلمة في البلاد غير الإسلامية: التحكيم والتحاكم

Abstract EN

Islamic jurisprudence in the field of litigation is divided into foreign laws in resolving minority Muslim disputes into two opinions : one goes to the inviolability of foreign laws contrary to Islamic law, while another argues that the Muslim minority in Non-Muslim countries can be tried by positive laws.

The alternative means of trying Muslims in Non-Muslim countries is to resort to arbitration at first, or to a legitimate authority that gives the judiciary judgment when it is lost and takes its place.

It can also be realized on the stage of forced enforcement of foreign judgments and arbitral awards, to be implemented in Islamic countries, which monitor the implementation of judicial or foreign arbitration.

In conformity with the provisions of Islamic law, under the constitutional provisions that the Islamic law is the main source of legislation and laws prevailing in Islamic countries.

A clause may even be included in any contract entered into by a Muslim referring to the law of an Islamic state which is the applicable law and which operates in accordance with the rules of international law.

The Islamic minorities in this country must urgently demand the approval of the arbitration and the recognition of the Muslim community and its role as a judge.