This research conducts an analytical discussion of an important question “The Arbitration verdict between enforcement and voluntary, a comparative study”. The research divided into introduction and four main chapters and conclusion.
The introduction talks about the objectives and goals of the research, the literature review, and the research methodology, the first chapter studies the definition arbitration and the difference between arbitration and judiciary and reconciliation.
The second chapter discusses the arbitration verdict between enforcement and voluntary. The third chapter focuses on the arbitration rule form court point of view, and the forth chapter discuses the arbitration verdict if it issued by two or more arbitrators.
The researcher discussed all the claims and implemented Ibn al-Majashon’s argument. With regard to the question of the validity of the arbitration award in the judicial court, the most accepted opinion is that the judge has no authority to refuse the arbitration verdict even though it is against his personal opinion.
Finally, with regard to the final question, the researcher believe that the verdict should be established by the majority of the arbitrators although this is not the opinion that was accepted by the majority of Muslim jurists.
"عَقْد التَّحْكيم بين اللُّزوم والتَّخْيير دراسةٌ فقهيةٌ قانونيةٌ مقارنة,"
Hebron University Research Journal-B (Humanities) - (مجلة جامعة الخليل للبحوث- ب (العلوم الانسانيه: Vol. 8
, Article 10.
Available at: https://digitalcommons.aaru.edu.jo/hujr_b/vol8/iss2/10