The Role of Arbitration in a Family Crisis and to Stabilize the Family

Document Type : Specialized Article

Author

Ghairna of Adminstration of Justic, Kuosestan

Abstract

Arbitration is a way of resolving the problems of old institutions in ancient Iran and pre-Islamic Arab countries which is approved by Islam.Islam gives special priority to arbitration to resolve matrimonial disputes. With reference to some verses in the Holy Quran regarding arbitration, special attention has been paid to arbitration. Talking about the necessity of arbitration or the intrinsic values of arbitrators, the jurisprudence, shows it's concern about arbitration in family crisis. Being inspired by the jurisprudents, the legislators have given special importance to arbitration in family crisis and by ratifying some laws, it is necessary to consult with the arbitrators in divorce cases.
In this article the role and the significance of arbitration in Islam is studied.By analyzing the judiciary procedure of family court, the present related problems are studied and surveyed.Inspite of giving too much consideration to arbitration in jurisprudence, the study indicates that actually the arbitration is not practiced in a legal manner in the courts procedures. The writer believes that by establishing special arbitrary centers for family courts and with the presence of qualified people, familiar with social affairs and the procedure of arbitration, better results can be achived.

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