أركان عقد التحكيم في الشريعة الإسلامية

Arbitration Elements in Shari'ah Law

Abstract

This research This article is about the elements of the arbitration contract in the Islamic law. They are: offer and acceptance, contractors and issue. The jurisprudents of the Ummah have paid great attention to this issue. The jurisprudents set precepts and laws for arbitration. This topic is chosen due to the importance of arbitration in settling disputes through peaceful means. The topic of the elements of arbitration contract is chosen due to the importance of these elements to obtain a proper judging that is complied with Shari’ah in order that the arbitration does not become a waste of money and time. The objective of this article is to identify the views of the nation's scholars concerning the elements of the arbitration contract and the effect of losing any of these elements. The historical approach was used to collect information from Islamic law, and the analytical approach was used to analyze the data collected. The study concluded that the elements of the arbitration contract in the Hanafi mazhab are only offer and acceptance. The majority of jurists stated that the elements of the arbitration contract are the three elements together, and that the offer and acceptance are bound to two conditions. They are the agreement of offer and acceptance and the communication between the offer and acceptance. The eligibility of the arbitrators is the full capacity to perform. The place of the contract of arbitration must be appropriate for ruling the contract, that is, the possibility of achieving the desired effect of arbitration as the transfer of ownership. The place should also be known to the two parties of the contract with different opinions of scholars in this condition, and be able to deliver it even indirectly and finally be present at the establishment of the contract.