's Arab Law Quarterly PDF

Отсканированные страницы -С закрытого онлайн ресурса - К сожалению только 2006 года, больше публикаций в системе не было, но надо учитывать, что изменения в Арабском мире идут медленнее, чем у нас или на Западе

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Vol. 1, p. Q. 25 2006 MAHDI ZAHRAA AND NORA A. HAK his deputy, 45 as it is the judge who hears and decides complaints relating to marital disputes. 46 Taking into account the manifest interpretations of the verse, others including some of the Shafis, 147 are of the opinion that the addressee in the verse may, equally, be the judge, or the relatives, or the couple. ' 48 Al-Suddi is reported to have said that the addressees in the verse are the husband and wife themselves. '53 This latter view seems to be the correct one, because the obligation of reconciling between the married couple should be considered as a collective duty, and not an individual one.

AI-Dusuqi, op. , vol. 4, p. 136; At-Mawsu'ah al-Fiqhoyah, op. , vol. 10, p. 240. Q. 27 2006 MAHDI ZAHRAA AND NORA A. uquq al-nds). 16' The Hanaff School argued that as tahkm is considered similar to sulh (amicable solution), all matters that can be settled through sulh can be the subject matter for tahk-m. '67 However, in certain circumstances, for example, culpable homicide, where the killer admits to the act, settlement of the diyyah (blood money) is permissible through tahkm. 68 Therefore, according to this School, tahkrn is permissible in the following matters: divorce, marriage, collateral theft, property, and manumission.

1390; See also the hadith on 'The judges are of three types.. ' stated above in para. 5, and supra note 100. Q. 4 Disqualification of the Arbitrators The appointment of arbitrators is subject to the fulfilment of the required qualifications as stated above. If the arbitrator loses one or more of these qualifications, the authority of the arbitrator comes to an end. For example, if the arbitrator loses his sanity, he will be disqualified to arbitrate between the parties, and his appointment must be terminated.

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Arab Law Quarterly


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