arbitration (التَّحْكِيمُ)

arbitration (التَّحْكِيمُ)


الفقه أصول الفقه

التعريف :


An agreement between two persons to appoint a third person as an arbiter to judge in their dispute.

المعنى الاصطلاحي :


The agreement of two opponents to accept the judgment of a certain person on resolving the dispute between them.

الشرح المختصر :


"Tahkeem" (arbitration) is the agreement of two or more opponents to accept the judgment of a certain person to resolve the dispute between them. It also means appointing an acceptable arbitrator by two opponents to judge between them.

التعريف اللغوي المختصر :


"Tahkeem": it is derived from "hakkama", which means appointing a person to judge and arbitrate a matter. "Hukm": giving judgment or judging in justice.