Comparative Analysis of Arbitration, the Islamic Jurist-Appointed Judge, and Peace Courts in Islamic Jurisprudence and Iranian Law



Abstract

In the Iranian legal system, institutions such as Tahkim Judge (Qadi al-Tahkim) in Imami jurisprudence, arbitration in positive law, and the Peace Court have been established with the aim of facilitating and expediting the resolution of disputes. The functional similarities among these institutions may sometimes lead to confusion regarding their legal nature, foundations of legitimacy, and the effects of their decisions. This study comparatively examines the Tahkim Judge, arbitration, and the Peace Court in terms of the source of jurisdiction, the role of the parties’ consent, the qualifications of the decision-maker, the scope of jurisdiction, the nature of decisions, and the extent of judicial supervision.



This research employs a descriptive-analytical method based on library and documentary studies. The research data were collected from sources of Imami jurisprudence, relevant Qur’anic verses and narrations, jurisprudential and legal works, the Civil Procedure Code, the 2023 Law on Dispute Resolution Councils, and regulations concerning the Peace Court, and were analyzed comparatively.



The findings indicate that the jurisdiction of the Tahkim Judge derives from the combination of the parties’ consent and religious legitimacy. In contrast, the jurisdiction of an arbitrator has a contractual-legal nature and is exercised within the framework of party autonomy and judicial supervision. The Peace Court, however, is an official governmental judicial body whose jurisdiction derives directly from the law, and its jurisdiction cannot be created or removed through the parties’ agreement. Furthermore, the jurisdiction of the Tahkim Judge and arbitration is generally limited to disputes that are legally arbitrable and to private matters, whereas the jurisdiction of the Peace Court is determined according to the limits prescribed by law.

Despite sharing the general objectives of resolving disputes, reducing procedural ...