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Extent of obligatory Arbitral awards in "Islamic" public international law Comparative study with "positive" public international law | ||
| JOURNAL OF HISTORICAL & CULTURAL STUDIES an academic magazin | ||
| Article 1, Volume 5, Issue 16, 2013, Pages 344-410 | ||
| Author | ||
| Mohammed Ali Hussain | ||
| Abstract | ||
| International arbitration is an effective way to resolve international disputes in "Islamic" public international law, Islamic Sharia Approved it, Muslims Marched it throughout the ages, and the Muslim jurists have established integrated perfect theory, best and most complete from the theories of "positive" public international law the Muslim jurists differed in the characteristic binding arbitration provisions Depending on the difference in time required by the rule of government liabilities, so that four doctrinal statement appeared in the mandatory arbitration provisions for defendants, Juristic opinion is probably more correct is to make mandatory provisions of rulers from the moment of the arbitration. If international arbitrator Issued decision was in accordance with the rules of Islamic law, this provision is binding on the parties and they must implement, and cannot return, because the protagonists have appealed to the arbitration voluntarily and this means that they may advance what will they be or become satisfied and committed to its implementation, and that the arbitrator is as judge. But that does not prevent to give the defendant the right to challenge the arbitration provisions to the judiciary and request revocation if the appellant's argument with potential students make to health, decision has a injustice, contrary to the rules of Sharia, or that the enmity between him and the arbitrator,… The judiciary must also override the provisions of arbitration if the parties to the conflict, arbitration encroachment or modification of calamity that rule to the other, or if the arbitrator is under legitimacy conditions… | ||
| Keywords | ||
| Technical Institute | ||
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