جستجوی مقالات مرتبط با کلیدواژه « حکمیت » در نشریات گروه « علوم قرآن و حدیث »

Judgment arbitration which is opposite to appointment judgment is an institution in jurisprudence to settle disputes between the parties and is now appearing in legal law as “arbitration” and this method of resolving legal jurisprudential disputes is growing day by day due to respect for the rule of the parties’ will in choosing the judge or arbitrator. There is disagreement among jurists about the Quranic proofs of the legitimacy of this jurisprudential-legal institution, such that some derive its legitimacy from some verses of the Quran, and others believe that it is not legitimate based on some other verses. The question is, what are the verses that imply the legitimacy or illegitimacy of arbitration (judgment arbitration)? What are the implications of each of these verses? Although a comprehensive jurisprudential examination of each issue requires the examination of all evidences of jurisprudence, including the Four Sources or al-Adillat al-Arbaʿa (Arabic: الادله الاربعه) or Quran, the tradition, consensus, and reason, in this article, by focusing on the verses of the Quran and maintaining the centrality of the noble verses of the Holy Word of Revelation, the verses that the commentators have raised indicate the illegitimacy of arbitration. (such as the verse referring disputes and disagreements to God and the Messenger and the verse about faith with referring disputes to the Prophet) has been the subject of controversy, and among the verses that those who insist on the legitimacy of arbitration, only the meaning of verse 31 of Sūra al-Nisāʾ about marital duties (Arabic: نشوز, “Nushūz” is a jurisprudential term mainly referring to a wife’s disobedience of her husband in things like sexual requests and leaving the house without his permission. It is also used for a man when he disrespects her and does not observe her rights. It is also used for marital discord) has been accepted, and with the acceptance of the imperative word of “appoint” (Arabic: فابعثوا) in this verse and the rejection of the theory of being directory for this word and with the proof that this verse is not assigned to the disputes of the spouses and considering its general governing on all claims and disputes (with the help of Sīrah al-ʿUqalaʾ and argument a fortiori and some narrations), the legitimacy of the institution of arbitration in law and judgment arbitration in jurisprudence has been proven.

Allah the Most Exalted in the verse 35 of Surah (Chapter) An-Nisāʾ (Arabic: ٱلنساء, An-Nisāʾ; meaning: The Women) has established and approved one of the methods to prevent the collapse of the family institution in crisis situations and arguments between spouses and the fundamental foundation of God-centered societies, i.e., the family will continue to live with the true and correct application of this method. This is the Quranic method of “non-judicial arbitration” and “relative peace and settlement” without referring to judicial system. The study of the keywords of the verse is in fact the first step in understanding the institution of the family. The keywords “Shiqāq” (Arabic: شقاق, breach or split) and “Ḥakam” (Arabic: حکم, arbiter) and “Ahl” (Arabic: اهل, relatives or familiy) are only considered lexical, exegetical and jurisprudential in this essay due to the high content of all the words of the verse. Problems due to neglect or less attention to the meanings of these words occur such as the use of the word “Nushūz” (Arabic: نشوز, recalcitrance or disobedience) in the definition of “Shiqāq” or its use instead of “Shiqāq” (in a non-definition) and the expression of the word “arbiter” instead of “Ḥakam” in such a way that these words instead of each other is used in most books and legal researches and even in legal articles, although the authors of the works have specific definitions and conditions for each institution. It is also said that is the “family settlement court” or the “Ḥakam” is from the families of the couples, while the word “Ahl” does not mean it and the correct and comprehensive meaning of the word is “relative peace and settlement”.

Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises.

The present study focuses on the role of the rebels (ie, khawaarij) from a historical-cum-hadith perspective. In it, the lives of such people as Shimr and Shabath b. Rib'i, and many others are scrutinized based on library research. A key factor in such an event is the far and wide effect of excommunication, based on which they proved short of appreciating the sublime role of Imam al-Husayn.

The Arbitration in battle of siffin is an unprecedented incident of Islamic history. Imam Ali (AS) that was on the verge of victory, stay away from fight and achieve victory because of the neglect of 'Amr ibn al-'As and the deception of a significant number of his soldiers and the grave consequences of the arbitration have long endured Muslims. In this research, Imam Ali (AS) sermons before and during the battle of Siffin has been studied using qualitative content analysis approach. In the field of hostility, he emphasizes the negative qualities of the enemy on the history of the disbelief of Mu'awiya and his associates, their enmity with God, the Quran and the Sunnah of the Prophet (PBUH), the neglect of divine orders, their invitation to idolatry, and so on that is in complete isolation with their clasp to the Quran and their benevolent intentions in offering peace and Quran arbitration. Imam (AS), in his introduction, emphasizes on the history of faith, companionship with the Prophet and his own guidance, which implies obedience to them and the trust in their statements under any circumstances, even against the Quran of the spear. The analysis of the contents of this series of sermons revealed that Imam Ali (AS) has provided the necessary insights before the arbitration and in order to prepare the Revolutionary Guard to neutralize the enemy's map. Imam (AS) has put his word at a higher level of influence by repeating the mentioned themes, using emphasis style and oxymoron.

Mālik Ashtar Nakhaee and Ash,ath Bin Gheys Kendi were the two prominent figures during the Caliphate of Imam Ali whose positions were changed as the event of Hakamiyyah took place in the battle of Seffin, putting them at the two sides of a dispute in which the influence of the latter surpasses that of the former while it was vice versa up to then. As an effort to answer what the reason behind the increase or decrease of their influence was, this article hypothesize that "the position and influence of the two Yamani generals were subject to the general atmosphere of the community and the battle of Seffin". Our discriptive-analytic research also shows that the dispute also resulted in the schism of Malik, s proponents so that they even fell into a conspiracy to assassinate Imam Ali, being in doubt whether to obey him as Amir-ul-Mo,menin (The Commander of the Believers) or not.