URDU-ARBITRATION ACCORDING TO THE PERSPECTIVE OF ISLAM

(شرعیت اسلامی کی روشنی میں تحکیم( ثالثی

Abstract

The Islamic System of Justice is all embracing that every person be it rich or poor can go to the courts for any dispute to get justice. There is as case in Islamic Courts that an ordinary man can file a case against the Caliph and can present him in an Islamic court. History of Islam is full of incidences like this. But unfortunately current judicial system has been made so complicated that every one cannot access to the courts, therefore, people go to the local level, and prefer the tribal jury instead of going to the courts. But as the justice is not done in the courts and there are many defects in the current judicial system in accordance with the Islamic laws, in the same way there are so many defects in the decisions and procedure of the tribal jury, where the decisions are made by the arbitration, we find no soul or reality of arbitration. On the other side the commander system makes the leader of the tribe makes the decision without any consent of the parties. While on the other hand in the arbitration the decisions are made opposite to the Islamic rules. Some where the procedure of the arbitration is totally wrong and contrary to the principles of Islam. Therefore, it was intensely needed to work regularly on the topic of arbitration and analyze the current forms of arbitration in the light of Islamic laws and point out the defects in these forms and bring out the ways to remove them. So that the people who are sick of the current judicial system and want their disputes be resolved by the arbitration.