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L’arbitrage musulman dans les pays non musulmans

Abstract : In Canada, England and United States, many religious groups have been organizing to implement policies that would influence the manner in which civil society is run. It has been argued that this use of religion for political gain threatens to undermine hard won entitlements to equality and basic human rights. Much media has recently focused on the issue of the formation of arbitration islamic tribunals that would use Islamic Law to settle familiy and financial matters in Canada, England and United States. In fact, the idea of privates parties voluntarily agreeing to have their islamic religious disputes resolved by an muslim arbitrator using the islamic law is not new. For example, other religious groups including several Jewish communities have created Jewish arbitration tribunals in order to resolve civil matters between individuals using Talmudic law, and setting a precedent for Muslim communities to do the same.After having explored arbitration from an internal perspective, in other words from islamic sources, we will examine this from an external perspective, in other words the national legal system into which it must be inserted (Religious Freedom and Multiculturalism). The functioning of islamic arbitration tribunals merits close examination. This therefore raises questions as to the arbitration process, the recognition and enforcement of islamic arbitral awards, and on the role of public policy in this respect, with the idea to envisage from a normative perspective, a constructive and inclusive dialogue
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Submitted on : Tuesday, May 28, 2019 - 3:01:15 PM
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  • HAL Id : tel-02142298, version 1



Abdessalam Jaldi. L’arbitrage musulman dans les pays non musulmans. Droit. Université de Lorraine, 2018. Français. ⟨NNT : 2018LORR0317⟩. ⟨tel-02142298⟩



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