Hagshah, Faihan ibn Farraj ibn (2013) Arbitration in Islamic Shari'ah: A Comparative Study with International Law and English Law. PhD thesis, Lancaster University.
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Abstract
Alternative dispute resolution (ADR) witnesses an increase in usage by disputing parties through the world. Arbitration comes on the top of the list of this means of dispute settlement. This thesis studies arbitration in Islamic Shari'ah principally, along with international law and the English legal system. In addition, it refers to the arbitration system in KSA. It covers most of important stages and issues of arbitration, such as scope of arbitration, terms of arbitration agreements, qualifications of arbitrators, roles of the arbitral tribunal and the court during arbitration proceedings, grounds for refusal of the enforcement of the award, major obstacles which face arbitration, and so on. Additionally, it gives a brief overview of the ancient history of arbitration and indicates how various civilizations have benefited from it. The object of all these points of study is to find out mutual elements between the reviewed laws and also to highlight the differentials. The main goal is to discover to what extent Islamic Jurisprudence in arbitration is compatible with that in international law and English law.