Review of arbitration in Imami jurisprudence and Afghan law

Document Type : Specialized scientific

Author

Humanities Higher Education Complex, Al-Mustafa Al-Alamiya Community, Qom

10.22034/cr7.2023.100150.1012

Abstract

According to the studies, it can be said that arbitration in jurisprudence is the same as arbitration in law, this method of handling disputes is one of the traditional and old methods that has a long history in human life, that is, before the formation of legal systems in governments. Girid, in Islamic jurisprudence, it has been mentioned as arbitration and jurists have paid attention to it, of course, in Islamic jurisprudence, the discussion of arbitration and arbitration has not been discussed under a separate and independent title, but its examples and cases have been specified in the Holy Quran and hadiths, in The Holy Quran emphasizes the necessity of choosing arbitration in Surah Nisa verses 35, 65 and 59. The importance of the above method is that it gives both sides of the dispute the possibility to settle without going to court with the consent of an individual or People who are trusted to refer to speed up the resolution of disputes, in Afghan law, the arbitration institution known as arbitration is recognized as an independent institution in the resolution of disputes and it is mentioned in several laws, including in The Law of Principles of Commercial Courts, the eleventh chapter of which is devoted to the subject of arbitration, and in the Arbitration Law of T Currently, the issue of arbitration is discussed.

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