مدى لزوم حكم الحكمين في قانون الاحوال الإماراتي م 2005: دراسة فقهية تحليلية
Islam has given a great concern to the family issues, for it been considered as a whole community itself and the basic root of producing a good generation. Undoubtedly, the arbitration between spouses is an important issue that has a significant impact on marital life. Therefore, this study aims...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Design for Scientific Renaissance SDN BHD
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/62713/ http://irep.iium.edu.my/62713/1/Judgement%20of%20two%20Arbitrators.PDF |
| Summary: | Islam has given a great concern to the family issues, for it been considered as a whole community
itself and the basic root of producing a good generation. Undoubtedly, the arbitration between
spouses is an important issue that has a significant impact on marital life. Therefore, this study
aims to discuss the extent of the necessity of arbitration between spouses in United Arab Emirates
law and Islamic law, as well as the extent of its conformity with the principles of Islamic Shariah, in
order to achieve the Shar’ah objectives for which the law of arbitration between spouses was
enacted. Analytical method is applied in this research. Lastly, the research has figured out some
important results, which among the main ones is the necessity of adherence of both parts to the
judgment of the arbitrators in order to preserve marital rights, this is in conformity with the
Emirates legislation. As for the intervention’s right given to the judge only by Emirates law, it is
mainly for him to consider the percentage of abuse and make a change accordingly, and it does not
tamper the essence of judgment, hence the researcher has not found a jurisprudent basis for this
statement. Therefore, the researcher recommends that the legislators in the United Arab Emirates
reconsider this law. |
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