Arbitration in Islamic Jurisprudence

Abstract

Arbitration is a branch of the judiciary, which is for the sake of sciences in measure and the most honorable of them in remembrance because it is one of the positions of the prophets. It is about the two disputing parties taking arbitration with their consent to settle the dispute, and it is one of the ancient and modern systems at the same time, and mankind has known it since ancient times, being the legal means easy to resolve the dispute. Therefore, we have chosen the arbitration judge for this topic, to find out the jurisprudential opinions related to it, especially the Imami ones. And because Islamic jurisprudence is sometimes one of the sources of positive law, and that among the jurisprudential opinions are those who go to the permissibility of arbitration in all judgments, while positive law limited it to the resources in which reconciliation is permissible only. ...in an introduction, two chapters and a conclusion, following the comparative analytical inductive approach.