Arbitration in inheritance matters in light of the digitization of the judiciary (Opportunities and Challenges) .

Document Type : Original Article

Author

Faculty of Law, U.A.E. University State U.A.E.

Abstract

The application of Islamic law is necessary for humanity in the world, as it is one of the global legal schools in general, because it aims to achieve the requirements of peaceful coexistence among human beings. At the same time, the Sharia judiciary faces many challenges in many countries, such as the accumulation and slowness of judicial procedures and the possibility of using the best means of settlement and resolution. Disputes that aim to develop the judicial system and alternative and complementary methods such as arbitration, conciliation and reconciliation. Inheritance issues are considered among the matters that require such alternative means of adjudication in matters of alienation, division of separation and grooming disputes, and others within and outside Muslim societies and other societies with a Muslim minority. This research seeks to examine the extent of benefit from arbitration in estate matters by revealing the opportunities and challenges involved in raising the efficiency of judicial performance in Sharia courts and stimulating the foundations of comprehensive reform of the justice system in a way that avoids the drawbacks of the traditional judiciary, such as the slowness of litigation procedures, the accumulation of case numbers, and conflicts of jurisdiction, and the opportunities for developing the Sharia judiciary. In light of digital litigation related to the estate, such as virtual assets and digital money such as the blockchain and others that are part of the estate’s funds, the paper will also discuss some of the efforts of countries in the region, such as the United Arab Emirates and other countries.

Keywords