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The Testimony of Non-Muslim in Arbitration Dispute between Rejection and Acceptance: a comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 14, Issue: 1 part 1, March 2024, Pages 141-193 PDF (1.08 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.144433.1110 | ||
| Author | ||
| abdulrahman hassan Al-Anbari* | ||
| law department- Saudi Electronic university | ||
| Abstract | ||
| In numerous nations, the population is diversified, comprising a blend of various ethnicities, races, and beliefs, living together within a defined geographic boundary bound by a shared sense of citizenship or residency. Despite their differences, they are all subject to the governing laws of the state. Given the intricacies of human interactions, conflicts may arise, and it is agreed upon that these disputes will be resolved through arbitration, providing a fair and impartial means of addressing disagreements. An agreeable and harmonious way to settle disagreements without relying on national courts is through arbitration, which offers various benefits and safeguards. This approach allows both parties to choose their arbitrator, applicable law, and procedural methods. This study revolves around arbitration and its validity in Islamic law. Additionally, it delves into the guidelines for giving testimony, particularly the necessity of being a Muslim witness, as per the viewpoints of Islamic jurists and specific legal systems governing the use of testimony in civil procedures, evidence, and arbitration. Moreover, this research scrutinizes the regulations of various arbitration institutions and whether they mandate religious affiliation as a prerequisite for validating witness testimony in arbitration disputes, as well as the stance of the arbitral tribunal on this matter. Finally, this research discusses the position of the arbitration ruling issued based on the testimony of a non-Muslim against a Muslim and the extent of the possibility of its implementation based on the Islamic jurisprudential position and the position of some international legal systems, centers, and arbitration rules. | ||
| Keywords | ||
| Arbitration; Arbitral award; Arbitral procedures; testimony and Conditions of testimony; Enforcement | ||
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