التحكيم فــي المنــازعات بيـن القانــون الليبــي و التشريــع الإسلامــي

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Gazah, Imhemed Hussen Khalifa (2019) التحكيم فــي المنــازعات بيـن القانــون الليبــي و التشريــع الإسلامــي. Undergraduate thesis, UIN Sunan Ampel Surabaya.

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Official URL: http://digilib.uinsby.ac.id/id/eprint/30960

Abstract

This research discusses about a topic of arbitration in a dispute between Libyan law and Islamic law. Then it developed into a research related to arbitration in disputes between Islamic law and Libyan law. It explains the position of Libyan law in terms of the independence of the arbitration clause compared with other laws. Beside that, it is also about the concept of arbitration agreement and it explains the views and formalities in Libyan law. The formulations of the problem in this research are 1) How is the position of Libyan law in arbitration in disputes that is compared to Islamic law and other Arab laws? How is the concept of arbitration agreement and how are the views and the formalities according to Libyan law? The researcher used documentation methods and historical methods in terms of data collecting by reading books. It shows that arbitration that is conducted by Libya in the form of a simple trial in several arbitration cases is carried out by foreign companies either in international institutions or in cases of local arbitration. It also explains that arbitration is carried out by non-judicial institutions that have long existed and solid in the Libya history, both the old one and the new one. It is different from the justice system. Some cases are settled by arbitration according to Islamic law and it is applied by Muslims. Until now, this organization has regional and international offices in various forms. 2. The concept of arbitration agreement is an agreement that is approved by several parties to resolve the dispute. The two conflicting parties are the main elements in arbitration, they demand full of rights from ownership, while the arbitration agreement and arbitrator are the second element that requires the rights and experiences of several jurisprudent experts and legal experts in determining several requites. The formality of arbitration is the third element of arbitration itself, where the agreement on that matter occurs at the beginning or at the end. It is called a decision. The arbitration requites or arbitration terms are stipulated in an agreement between the two parties. The arbitration location is the fourth element. It has a broad scope according to the dispute topic. Most jurisprudent experts forbid to limit and widen in the fields of disputes, laws, and customs. The researcher gives recommendations to other researchers who examined this topic to the following points: 1. Establishment of an arbitration center and socialization regarding awareness of cultural arbitration in the community. It aims to avoid conflicts and disputes and to draw their attention to regional and international arbitration centers, as long as it does not conflict with Islamic law, or affect the purity and sovereignty of law in that country. 2. Libyan legislators to adopt a new arbitration law that is initiated by the House of Representatives. The researcher also recommends for conducting the special research about arbitration relating to Libyan law and other laws.