ARABIC: المنازعات التي يجوز فيها التحكيم والتي لايجوز فيها في الفقه الإسلامي وقانون الأونسيترال النموذجي للتحكيم التجاري الدولي لعام 1985م (دراسة فقهية وقانونية مقارنة)

Arbitrable and non-arbitrable disputes in the light of Islamic jurisprudence and the UNCITRAL Model Law on International Commercial Arbitration of (1985) (Comparative jurisprudence and legal study)

Abstract

The disputes that are presented to the arbitrator shall be either related to huqooq-ul-ibaad (right due to Allah creation) including financial rights, contracts, compensation, etc., and some of the disputes shall be relating to Huqoqooq-Allah (the rights due to Allah almighty), or some may be relating to shared rights between Huqooq-ul-ibaad and huqooq-Allah. Not all disputes that are presented to the arbitrator are capable of settlement by arbitration. However, there are certain disputes insofar that cannot be resolved through arbitration. This matter requires to understand the position of Islamic jurisprudence by presenting the opinions of the four schools of jurisprudence, as well as to understand the position of the UNCITRAL Model Law on International Commercial Arbitration (1985), and its comparison with Islamic jurisprudence (Fiqh), so that it becomes clear to us what matter/disputes can be resolved through arbitration and what disputes are not capable of being resolved by arbitration according to Islamic Sharia, and to identify the extent to which the aforementioned model law is in compliance with Islamic jurisprudence with regard to this topic, therefor I wanted to write this research paper entitled "Arbitrable and non-arbitrable disputes in the light of Islamic jurisprudence and the UNCITRAL Model Law on International Commercial Arbitration of (1985) a comparative jurisprudence and legal study”