Authors : Yousef Tarafi Saeedavi, Sekineh Bagheri, Maryam Ameri and AR Alireza Shenavi
Abstract: Given the importance of arbitration in the Shiite and public jurisprudence and its rights and necessity for the resolution of disputes and conflicts of human societies today which is necessary and inevitable and given that human beings have recognized the importance of arbitration and despite the friction between the interests and rights of people and abusing each other, the arbitration institution may be one of the quickest and most peaceful way to resolve these types of disputes and conflicts. Arbitration institution and dispute resolution by arbitration has a jurisprudential and legal history as well and it is emphasized in the Holy Quran and the traditions of the infallible Imams to settle disputes through arbitration. The permits and influences of arbitration in Islamic jurisprudence is addressed as consolidation judgment: "indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever hearing and seeing." There are other verses and similar items which show that God granted judgment and jurisprudence to his servants: the prophets and the executors and the public. In this article we tried to study arbitration institution from the perspective of Islamic jurisprudence and Iranian law.
Yousef Tarafi Saeedavi, Sekineh Bagheri, Maryam Ameri and AR Alireza Shenavi, 2016. Legal and Jurisprudential Foundations of Arbitration Institution in Iran Law. The Social Sciences, 11: 7072-7079.