Article : The Principle Of Arbitration In The Settlement Of Dispute- Comparative Study Between Islamic Sharia Law And Libyan Civil Law

Title

The Principle Of Arbitration In The Settlement Of Dispute- Comparative Study Between Islamic Sharia Law And Libyan Civil Law

Author

Mohamed A. A. Moman

Arbitration is one way of adjudicating disputes between the parties concerned by means of someone from third parties away from the state jurisdiction. Arbitration is considered a path for settling disputes alongside the formal judicial process. The Libyan law is open to internal arbitration. This study aims to compare arbitration provisions between the Islamic law and the Libyan civil law in the case of discord between spouses and in real estate disputes. This study applies comparative research method which relies on comparison in the study of the phenomenon, by highlighting the similarities and differences between them. The results show that in the general Islamic law and the Libyan civil law in the issue of discord between spouses agree on most issues of arbitration between spouses, and differ in some jurisprudential matters.  Nonetheless, dispute resolution over real estate in both laws is not only limited to the subject of arbitration, but also a subsequent order to prove the ownership of the property to the oppressors without the intervention of the imam or the court in those procedures. However, Islamic law requires contracts in general and does not stipulate necessity to write in proving the contract or ownership of the property.

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