Reconciliation: its pillars, conditions, and types in Saudi jurisprudence and the system
Keywords:
الصلح – أركان – شروط – أنواع - الفقه – النظامAbstract
means of settling disputes، and its effect is more evident in reducing the burden on the courts by ending the dispute or shortening the duration of litigation. Therefore، the researcher chose the title of his research as: Reconciliation: its pillars، conditions and types in Islamic jurisprudence and the Saudi law. The research problem lies in clarifying the availability of pillars and conditions in the settlement contract، the law in effect in the Kingdom of Saudi Arabia، and comparing them with the pillars، conditions and types mentioned in Islamic jurisprudence. The scope of the research in Islamic jurisprudence will be according to the four schools of thought. As for the Saudi law، the scope of the research will be in the civil transactions law and the working rules of reconciliation offices and the organization of the reconciliation center. The objectives of the research include highlighting the pillars، conditions and types، and comparing them with the law and clarifying the good organization in the Kingdom of Saudi Arabia as well as the interest in alternative means of resolving disputes. The researcher will use the inductive and deductive comparative approach. Among the most important results of the research: the great care of Islamic jurists in alternative means of resolving disputes، as well as the great care by the organizer of these means and the establishment of centers and regulations organizing them. Among the most important recommendations: studying the history of reconciliation in the judicial organization in the Kingdom of Saudi Arabia and its effects in Islamic jurisprudence and comparing it with the Saudi law.
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