Dr. Tariq Jumaa Rashed
Associate Professor of Private Law, College of Law, University of Qatar

Mr. Tawfiq Salman Ahwa

Postgraduate Student, College of Law, University of Qatar

Abstract:

This research paper deals with the study and analysis of the arbitration rules in Al Ahkam Al Adliya (the Mejella) and comparing them with a number of man-made laws. The paper aims to consider the extent to which the procedural rules in Islamic Sharia in general, and the rules of the Judicial Judgment Code in particular, can be applied in arbitration in a comparative legal framework between the approved and well-established principles of arbitration, and what can be of a special nature in the Judicial Judgment Journal. , especially since some Arab countries were keen to stipulate in the arbitration agreement that Islamic Sharia is the law applicable to the dispute submitted to the arbitral tribunals, or to choose the law of a foreign country with a stipulation that its rules do not violate the provisions of Islamic Sharia. Moreover, the study adopted the descriptive and analytical approach to the arbitration rules in both the Journal of Al Ahkam Al Adliya (the Mejella) and the comparative laws under study. That is, the Qatari and Omani Arbitration Laws and the Kuwaiti Pleadings Law. It also employed the comparative approach to find out the points of agreement and differences between the arbitration rules in the Journal and the comparative laws.
The study showed the points of agreement and differences between the Mejella and the comparative laws under study, and recommended the need to reconsider the rules contained in the Mejella with the aim of re-drafting a unified model law for Islamic arbitration that derives its provisions from the views of the four schools of Islamic jurisprudence in line with, and consistent with modern arbitration laws, whose provisions are derived from the UNCITRAL Model Law on International Commercial Arbitration, proposing the formation of a committee of jurists and legal scholars in order to adopt the opinions of contemporary jurists, and to remove points of disagreement with arbitration rules in positive law in the State of Qatar as one of the modern arbitration laws, which was issued in 2017, in addition to working to spread awareness of the need to resort to Islamic arbitration centers such as the International Islamic Center for Reconciliation and Arbitration (IICRA).

Keywords: Islamic arbitration, Islamic law, justice, balance, fairness, freedom to choose the law that must be applied.

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