Dr. Hassan bin Saleh Al-Qarni*
Associate Professor of Jurisprudence at the College of Shariah and Islamic Studies at King Faisal University, Saudi Arabia
Issue: 98 | Pages: 1-31 | September 2024 |https://doi.org/10.54940/si89719266|PDF
Received: 1/5/2023 | Revised:15/9/2023 | Accepted:31/10/2023
*Corresponding Author:[email protected]

Abstract
The research aims to clarify the jurisprudential conditioning and effects of arbitration. I concluded that the linguistic meaning of arbitration is prevention, judgment, cognition and jurisprudence. the terminology of arbitration is litigation of opponents into chosen person. Arbitration steps are arbitration agreement - statement - contract with arbitrator, pleading and defense, then judgment and its dependencies. arbitration is permissible even with the presence of a judge. the jurists mentioned arbitration at their age. it developed nowadays, so countries adopted it in international commercial disputes and established its regulations. the jurist must consider that. The conditioning is that it is judgment with special procedural system, which is compatible with local and international reality of arbitration. Traits of the arbitrator are: Substantive and procedural scientific ability to resolve the dispute, honesty, and to be Muslim when able. one litigant can’t retreat from arbitration. The arbitrator can retreat if he is a donor, otherwise, it is not. It is not permissible for the litigants to dismiss the arbitrator before judging except with permission of the judge if he appointed the arbitrator or they appointed him, and the judge authorized him. if they appointed him without the knowledge of the judge, it is valid to dismiss him upon their agreement, and litigants are required to implement the arbitral judgment. I recommend intensifying research in arbitration, especially its contract and the requirement of Islam in the arbitrators, considering the practical reality of Islamic countries and their dealings with others. jurisprudence councils must update their old decisions on arbitration.

Keywords
Arbitration, Judgment, Arbitrator, Conditioning, Characterization.

How to Cite
Al-Qarni, H. (2024), Conditioning Arbitration and Its Effects,Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies,Issue. 98. pp.1-31.
https://doi.org/10.54940/si89719266

License
1658-8738/© 2024by the Authors. Published byJ.Umm Al-Qura Univ. Shariah. Sci. Islamic Stud.This is an open-access article distributed under the terms and conditions of thehttps://creativecommons.org/licenses/by-nc/4.0/