Proposing Solutions for Improving the Process of Civil Arbitration in the Iranian Legal System through the Analysis of Judicial Court Decisions

Abstract

Arbitration is one of the alternative dispute resolution mechanisms that has received widespread attention in many legal systems, including judicial courts, and even within the framework of Islamic lifestyle practices. The development of an optimal model for civil arbitration constitutes a complex and multidimensional process that requires careful examination of judicial court decisions, alignment with Islamic principles and values, and consideration of contemporary social developments and modern lifestyles. The objective of the present study is to propose an optimized model for civil arbitration through the analysis of judicial court rulings alongside Islamic lifestyle principles. To achieve this aim, the research was conducted using a descriptive–analytical method based on the examination of numerous scholarly sources and legal provisions related to arbitration. The findings indicate that Islam views arbitration not merely as a dispute resolution mechanism but as a fundamental ethical and social principle. Considering the multiple advantages of arbitration, including the acceleration of dispute settlement and the strengthening of social cohesion, expanding the use of arbitration within Islamic societies can substantially contribute to the establishment of a peaceful and just social environment. Achieving this objective requires the institutionalization of arbitration culture and the promotion of Islamic values associated with it within society. In essence, justice and arbitration constitute two interdependent pillars in Islam, whereby the realization of justice through fair arbitration grounded in divine legal principles leads to the formation of a healthy and dynamic society.