نطاق التحكيم في المسائل المتعلقة بالأحوال الشخصية في الفقه الإسلامي و قانون التحكيم الفلسطيني رقم (3)‎ لسنة 2000

Abstract EN

This study deals with the scope of arbitration in matters related to personal status in Islamic jurisprudence and the Palestinian Arbitration Law.

It aims at identifying the nature of arbitration in these matters and the nature and scope of its application in matters of personal status.

The nature of the arbitration, its legitimacy and the practical justifications for its existence, have been all referred to.

Besides, the definition of the arbitration agreement and the conditions of its validity, the limits of disputes before the arbitral tribunal on personal status matters, and the arbitrability of such disputes have been explained.

The research deals with the arbitration rules in matters of personal status, as well as the matters in which arbitration may be held in personal cases and the issues which are not permissible according to the Islamic jurisprudence and the Palestinian arbitration law.

It has been found that arbitration is an important issue in jurisprudence and jurisprudence legislation, and that its aim is for the parties to the dispute to know their rights in terms of legality and legislation.

The forms of arbitration and its cases in the issues related to personal status have been found to be multiple in terms of legality and lack of legality according to some details listed in this paper