The case management system and alternative methods of dispute resolution in Islamic shariah and law
إدارة الدعوى والطرق البديلة لحل النزاعات في الشريعة والقانون
DOI:
https://doi.org/10.53840/alirsyad.v3i2.3Keywords:
Case management, Dispute resolution, Law, Islamic lawAbstract
The case management system is an innovative system in the national legislation; it was created because of the slow judiciary procedures and the accumulated cases in the courts. It is also an attempt to settle the juristic dispute before resorting to the jurisdiction. This study aims to identify the alternative methods of disputes settlement in Islamic sharia; reconciliation, mediation, adjudication. It also sheds light on the case management system in modern judicial systems and its practical implementations through the comparative study, the demonstration of its goals and its date of inception, the evaluation of the system through the illustration of the advantages and disadvantages, the identification of the main obstacles it encounters, and the Comparison between the case management system in the law and the alternative systems to settle disputes in the Islamic sharia to reach conclusions and recommendations by following the scientific methodology of the study using a descriptive, analytical, historical and comparative method. The most important recommendations of the study; first, the need to implement the rules of Islam in the jurisdiction. Second, the need to expand the power of those involved in the case management system by enabling them to settle disputes in a final manner. Third, the need to pass a special and independent law that organizes the offices of case management and clarifies the duties and powers of those responsible.
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