Issues Of Adjudication of Disputes Among Muslim Minorities in Europe A Study from The Perspective of Islamic Jurisprudence

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Dr. Ali Ahmed Salem Farhat

Abstract

The study aimed at investigating the Issues related to the Muslim minorities' arbitration and law court appealing from Islamic perspective. The study used the comparative descriptive methodology to investigate the targets in question. To gather the required data, a review of literature was administered. The study came to  the  conclusions  that;.first, arbitration means that the adversaries choose a well-behaved and experienced man as a judge to settle the dispute, but the law court appealing means that the foes go to a judge that is officially appointed to settle the problem in question; second, the jurisprudence rulings of the Muslim minority or majority are affected by the question of necessity; third, arbitration is permitted especially of the Muslim minority who have no choice; fourth, the Muslim minority can make a law file to the secular law courts in the non-Muslim countries if they have no choice to have their rights; fifth, it is forbidden to make a family law file to the secular law courts in the non-Muslim countries; sixth, the secular court rulings concerning the Muslim minorities in the non-Muslim countries are accredited if  more harm is unavoidable; seventh, it is permissible to have a job in   secular law courts in the non-Muslim countries if it is difficult to have a job anywhere else; The study recommended that Muslim minorities in the non-Muslim countries ought to be aware of the rulings of arbitration.  .

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