Abstract

1 - Arbitration is a genuine Islamic method for resolving disputes. It is different in its nature from deputation and offering expertise. In its authority, it is stronger than mediation and declaring verdicts, but without the power of execution. Meanwhile, it is lesser than judgment, yet, it is binding for the two disputing parties.

2 - Implementing the Islamic Law is an outcome of having faith and among its fundaments.

3 - Resorting to arbitration is permissible when the Islamic judiciary system is available.

4 - When it is the only mean for resolving disputes; Arbitration becomes a must within people's capacity when lacking the Islamic judiciary system, like for those who live outside the Muslim world.

5 - Resorting to the non-Islamic judiciary system is not allowed when the Islamic arbitration is available.

6 - Rejecting Islamic arbitration is prohibited when there is no legitimate reason.

7 - The enforced person to be judged by the non-Islamic judiciary system is dispensated.

8 - Resorting to the non-Islamic judiciary system is permissible if it is the only way for obtaining legitimate rights.

9 - Arbitrating all kinds of disputes outside the Muslim world is permissible as long as it is legal. No restrictions applied in this regard.

10 - Replacing fixed punishments with financial discretionary punishments (penalty) is allowed within the limits of the man-made applicable law.