Arab Law Quarterly by PDF

Отсканированные страницы -С закрытого онлайн ресурса - К сожалению только 2006 года, больше публикаций в системе не было, но надо учитывать, что изменения в Арабском мире идут медленнее, чем у нас или на Западе

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2 ' They further argue that the word yuwaffiq' (to reconcile), in the same verse implies that reconciliation is the main objective of tahkim and there is no indication in the verse that confers authority to separate the couples. 22 Tahkm may lead to taldq (divorce) or khulu' (divorce by redemp- tion). 222 As such, no one has the right to take these and for the woman respectively. 'Ali said to the arbitrators, 'Do you know what it is on both of you? It is on both of you that, if they (the couple) can be brought together, bring them together.

Q. 27 2006 MAHDI ZAHRAA AND NORA A. uquq al-nds). 16' The Hanaff School argued that as tahkm is considered similar to sulh (amicable solution), all matters that can be settled through sulh can be the subject matter for tahk-m. '67 However, in certain circumstances, for example, culpable homicide, where the killer admits to the act, settlement of the diyyah (blood money) is permissible through tahkm. 68 Therefore, according to this School, tahkrn is permissible in the following matters: divorce, marriage, collateral theft, property, and manumission.

261. 143 Al-Tabard, Jami al-Baydn, op. , 1980, vol. 4, p. 45; Jasas, Ahkdm al'3 Qur'dn, op. , vol. 2, p. 190; AI-Jasis, Ahkdm al-Qur'dn, op. , vol. 2, p. 190. "' A-Qurtubi, atJdmi' 1i Ahkm al-Qur'an, op. , vol. 5, p. 175; Ibn Kathyr, op. , vol. 1, p. 493; al-Baji, al-Muntaqd, op. , vol. 3, p. 113; Rabi'ah was quoted in atMudawwanah al-Kubrd, op. , vol. 2, p. " Ibn 'Arabi in al-Ahkam al-Qur'dn, op. , vol. 1, p. Q. 25 2006 MAHDI ZAHRAA AND NORA A. HAK his deputy, 45 as it is the judge who hears and decides complaints relating to marital disputes.

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Arab Law Quarterly


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