INSTITUT ARBITRAŽE (TAHKIM) U ISLAMSKOM PRAVU
INSTITUTE OF ARBITRATION (TAHKIM) IN ISLAMIC LAW

Summary/Abstract: This paper has shown that the solution of disputes is very often found through institute of arbitration within national as well as international law. The reason for his is possibility of faster and chipper way of solving of many disputes between the legal subjects. Islamic law pays great attention to the institute of tahkim as the mechanism in solving problems in private law, marriage law and also criminal law. - The contract about tahkim is an agreement of two or more sides in dispute by which an arbiter (hakem) is named and ordered to bring verdict in a subject of a particular dispute. The essential elements of this Contract are: the two sides in dispute, form of the contract and the subject of the contract. - The contract about arbitration can be done before the dispute as well as after the dispute. In both cases the word is about the consensual contract. Arbitration court can be permanent or can be formed ad hoc for every case in dispute. - In some cases tahkim is of obligatory and forced character as in the cases of marriage disputes and the estimation of the hunted game in the Harem of Mecca, while in other cases it is optional.

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