اللغة العربية The General Principles of Arbitration in Jordanian Sharia Courts: An Analytical and Applied Study (Extracted Research Paper)

Abstract

This study aims to clarify the general principles governing family arbitration in Jordanian Sharia courts through an analytical and applied approach that combines jurisprudential grounding with legal characterization, while examining relevant judicial applications. The study addresses the concept of family arbitration and explains its legal characterization in Islamic jurisprudence as a reformative mechanism based on the principles of reconciliation and the removal of harm. It also presents the legal basis for arbitration within Jordanian legislation, particularly the Law of Sharia Court Procedures, And the Personal Status Law in a manner that achieves a balance between the provisions of Islamic law and the requirements of contemporary judicial regulation, The study concludes that arbitration in Jordanian Sharia courts is governed by a set of general principles, foremost among them the obligation to exhaust reconciliation efforts prior to judicial adjudication, adherence to neutrality, justice, and confidentiality, respect for voluntariness and the absence of coercion, protection of the parties’ financial and Sharia-based rights, and due consideration of the best interests of children when present. This reflects the reformative and preventive nature of family arbitration. The study also emphasizes the pivotal role of the arbitrators in managing the dispute and regulating its Sharia and legal consequences within a disciplined framework that observes the objectives of Islamic law. Furthermore, arbitration procedures are subject to judicial oversight by the Sharia courts to ensure procedural integrity and sound Sharia characterization, thereby achieving family justice and contributing to the stability of the family and society.

Keywords: Arbitration, Family Arbitration, Jordanian Sharia Courts.