الصلح سيد الأحكام شرعا و قانونا

Abstract EN

As reconciliation is the master of judgments, huge efforts should be exerted to settle disputes amicably.

These efforts should be exerted by concerned committees at courthouses in Arab and Islamic countries in modern times as they were exerted by tribal councils in old times.

The keen interest of the Sharjah House of Justice in the amicable settlement of disputes had really impressed me: Reconciliation Committees formed at both Civil and Criminal Courts would receive complaints and lawsuits in a bid to reconcile the disputing parties before referring such complaints or lawsuits to the competent court.

This procedure is wise and appropriate and has predetermined human and social considerations which include easing pressure on courts and sparing them the effort of looking into minor disputes.

Iraqi Criminal Procedure Code 23 of 1971 as Amended, as well as Sharia Courts also adopt this policy to restore rights; ensure community security and maintain national cohesion through legal means as provided for by the applicable law.

Strenuous efforts of the committee may, very often, be doomed to failure in reaching reconciliation due to one or both parties' sticking to their positions.

In this instance, the court resorts to look into the case and decide over it in accordance with laws.

The case may also be judicially resolved if reconciliation efforts are in vain; the judge should apply the law and has no right to exercise discretion.