نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشکدۀ حقوق پردیس فارابی دانشگاه تهران
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه مفید و مدرس دانشگاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the case of the authority and the possibility of referring to the Muslim judge and the judge, arbitration and litigation against the judge and non-Islamic court are not permissible. In this regard, there are cited adages, including verses, narrations, consensus and jurisprudence, but the important thing is to refer to Judge Adil and Muslims do not exist. In this case, it is permissible for judges to judge international arbitration and whether it is permissible for a non-Muslim judge to judge Muslims in accordance with the judge's order; the jurisprudents have different opinions in this regard for some of the references. It is permissible for international non-Islamic tribunals to be entitled to secondary titles, such as emergency, harm, and harassment. In this paper, by using the descriptive-analytical method, different views of the jurists and the reasons for the litigation were investigated in non-Islamic tribunals, and four possible cases were considered for obtaining by the courts.
کلیدواژهها [English]
قرآن کریم
