Arbitration by hakam
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This document defines arbitration (tahkim) as a process where disputing parties appoint an arbitrator to settle an issue between them. It cites the Quran and hadith supporting arbitration. Essential elements of arbitration include the disputing parties, arbitrators, agreement to arbitrate, subject matter, and judgement. The document discusses Malaysian statutory provisions on appointing two arbitrators - one for each disputing spouse. It provides examples of court cases related to arbitration.
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মৃত্যুপথযাত্রী অনেক রোগীর চিকিৎসায় সম্ভাব্য সমস্ত পরিচিত চিকিৎসা পদ্ধতি প্রয়োগের পরও যখন রোগীকে সুস্থ্য করা প্রায় অসম্ভব হয়ে পড়ে, তখন ঐসমস্ত রোগীর রোগের বৈজ্ঞানিক কারন অনুসন্ধানের জন্য রক্তে আমাদের শরীরেরই নিজস্ব একটি জীবনরহ্মাকারী প্রোটিন, alpha-2-macroglobulin (A2M, যেটাকে বলা হয়- broad spectrum protease inhibitor) এর পরিমান পরীক্ষা করানোর জন্য এই প্রকাশনায় বিশেষভাবে পরামর্শ দেওয়া হলো৷ এর মাধ্যমে হয়তো অনেক রোগের অজানা কারন অথবা ঐ রোগের নতুন কোন তথ্য উদ্ঘাটন করা সম্ভব৷
রক্ত পরীক্ষার ফলাফলে রক্তে A2M এর পরিমান যদি স্বাভাবিক পরিমান (1-2 mg/ml) এর থেকে কম থাকে তখন অসুখের নানাবিধ কারনসমুহের মধ্যে শক্তিশালি এক ধরনের ক্ষতিকারক রাসায়নিক পদার্থ, protease(s), (একটি enzyme), এর বিষক্রিয়ার সম্পৃক্ততা বিশেষভাবে অনুমান করা যেতে পারে৷ কারন শরীর থেকে এই বিষাক্ত protease কে সরানোর প্রধান উপাদানটিই হলো - একটি প্রোটিন, A2M৷ এর অভাবেই protease এর অবাধ বিষক্রিয়ার সুযোগ তৈরী হয় এবং শরীরের একটির পর একটি প্রতিরোধক ক্ষমতার অবনতির সুত্রপাত ঘটে যা একসময় কঠিন অসুখের দিকে ঠেলে দেয়৷ তাই ঐসময় শরীরের কমে যাওয়া A2M কে একটি সহজ পদ্ধতির (A2M-ShopAnn Systems) মাধ্যমে আবার শরীরে ফিরিয়ে দিতে পারলেই অসংখ্য রোগের প্রতিরোধ অথবা যেকোন অসুখের শুরুতেই বাধা দেওয়া সম্ভব৷
এই জীবনরহ্মাকারী নতুন চিকিৎসা পদ্ধতি “A2M-ShopAnn Systems” - চিকিৎসাবিজ্ঞানে নতুন এক দিগন্ত উন্মোচন করে দিতে পারে৷
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এই কি সেই প্রোটিন (A2M) যা সমস্ত প্রানীজগতকে বাঁচিয়ে রাখে
এই কি সেই প্রোটিন (A2M) যা সমস্ত প্রানীজগতকে বাঁচিয়ে রাখে
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THE JUDICIAL DEPARTMENT REPORTED BY: ALTA GRACIA S. BAÑACIA & ARISTOTEL M. ...
The judicial department is one of the three branches of government that interprets and applies the laws to resolve legal disputes. The judicial power is vested in the Supreme Court and lower courts. The Supreme Court has 15 Justices and has powers like settling legal controversies, judicial review, and assigning judges. It oversees the court system which includes the Court of Appeals, regional trial courts, and lower courts that handle trials.
Indonesian Take on Alternative Dispute Settlements Part Two : Selection of Ar...
In arbitration, parties are entitled to determine how to proceed with the arbitration. It includes choosing an arbitration institution and rules and procedures to solve disputes. According to Art. 34 Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Settlement (“Law 30/1999”), “(1) Settlement of disputes through arbitration can be carried out using national or international arbitration institutions based on the agreement of the parties. (2) Settlement of disputes through the arbitration institution shall be carried out according to the rules and procedures of the chosen institution, unless otherwise stipulated by the parties”. Furthermore, pursuant to the elucidation of Art. 34 par. (2) parties are free to choose the applicable rules and procedures without having to use the rules and procedures of the chosen arbitration institution.[1] This would be because parties may have some of the procedures agreed upon in their contract.
In Indonesia, most arbitrations are institutional. Currently, some of the features of the most used arbitration rules and procedures are as follows:
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Family courts and the Family Courts Act, 1984.
Family courts were established in India in 1984 to provide a specialized forum for speedy resolution of disputes related to marriage and family affairs. The key objectives of family courts are to promote conciliation between parties and secure expedited settlements. Family courts have jurisdiction over matters including divorce, maintenance claims, child custody and access. They employ counselors to attempt to reconcile parties and encourage out-of-court settlements through counseling and conciliation.
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Theory of proper law of contract
The document discusses the proper law or applicable law that governs international contracts. It explains that parties to a contract can choose the governing law, and this choice will be upheld so long as it was made in good faith. If no choice of law is made, courts will seek to determine the law with the closest and most substantial connection to the contract based on objective factors like the location of contract formation and performance. The document also outlines UK and Indian contract law principles and cases related to determining the proper law of a contract.
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The document provides an overview of two alternative dispute resolution methods in Bangladesh: conciliation boards and arbitration.
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RATIO DECIDENDI
These slides are regarding Ratio decidendi, a topic from judicial process.What is ratio. Ratio decidendi. Definitions. Hierarchy of English court. Difference between ratio decidendi and obiter dicta. Shades of meaning to the expression ratio decidendi.
The Role of Ratio Decidendi in Judicial Precedent. Rules of ratio decidendi. When precedent has multiple reasons. Where there are multiple judges. Determination of ratio decidendi. Ratio decidendi in Indian Scenario. Stare decisis and Article 141 Overruling Conclusion.
The doctrine of judicial precedent developed in common-law legal system centered on the notion of ratio decidenti of a case. According to the preliminary statement of the English rules of precedent, every court is bound to follow any case decided by a court above it in the hierarchy and appellate courts(other than House of Lords) are bound by their previous decisions. The decision or judgement of a judge may fall into two parts: The ratio decidendi (reason for the decision) Obiter dictum(something said which is not part of the judgement or said by the way).
What is ratio? • Meaning of ratio is the measure of a quantity in terms of another and decidendi means decision. • Ratio is a ruling on a point of law and the decision on a point of law depends on facts of a case. Culling out / obtaining ratio from a judgment is difficult. • A thorough reading of an entire judgment is required to identify a ratio. • Essence of the decision is the ratio. Every observation found in a judgement is not the ratio.
RATIO DECIDENDI Ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes“. Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision".
7. DEFINITION • According to Salmond “the ratio decidendi may be described roughly as the rule of law applied by and acted on by the court, or the rule which the court regarded as governing the case." • Sir Rupert Cross defined the ratio decidendi as ”any rule of law expressly or impliedly treated by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him”(Precedent in English Law).
Ratio decidendi • Ratio decidendi ordinarily means the reason for deciding the case . The reason here is not; The fact of the case. The law that the case applies. The order of the case.
HIERARCHY OF ENGLISH COURTS
MAGISTRATES COURTS TRIBUNALS COUNTY COURT HIGH COURT SUPREME COURT (House of Lords) COURT OF APPEAL CROWN COURT CIVIL CRIMINAL DIVISIONAL COURT
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Arbitration by hakam
- 2. Arbitration by Hakam DefinitionDefinition AuthoritiesAuthorities Appointment ofAppointment of hakamhakam The Statutory ProvisionsThe Statutory Provisions CasesCases
- 3. Definition Tahkim is a process whereby theTahkim is a process whereby the disputing parties agree to appointdisputing parties agree to appoint someone to act as an arbitrator for thesomeone to act as an arbitrator for the settlement of the issue in dispute betweensettlement of the issue in dispute between them. There should be clearthem. There should be clear pronouncement (pronouncement (lafazlafaz) that a person has) that a person has been appointed as an arbitrator, e.g., thebeen appointed as an arbitrator, e.g., the parties should say, “parties should say, “we have appointedwe have appointed you as hakam to judge over the disputeyou as hakam to judge over the dispute between usbetween us””
- 4. Authorities “And if you fear a breach between the husband and wife, appoint a hakam from his family and a hakam from her family; if they shall desire a reconciliation Allah will cause them to agree” Surah an-Nisa’ ; 35
- 5. Hadith on tahkim ““Whoever judges between two disputingWhoever judges between two disputing parties (by way ofparties (by way of tahkimtahkim) and both of) and both of them agree with (the arbitrator), whereasthem agree with (the arbitrator), whereas he does not do justice between them,he does not do justice between them, Allah will curse him”Allah will curse him”
- 6. Essential elements of tahkim Disputing partiesDisputing parties ArbitratorsArbitrators Sighah(ijab and qabul)Sighah(ijab and qabul) The subject matterThe subject matter Hukm(judgement)Hukm(judgement)
- 7. The Statutory Provisions Section 48 (1) to (7) of the IFLA,Section 48 (1) to (7) of the IFLA, 19841984
- 8. Shari’ah Court Appoint two hakam if the Court is satisfied that there are constant quarrels – S 48 (1) Hakam for the husband Hakam for the wife Section 48 (4) Section 48 (5) Section 48 (6) The Registrar records the outcome
- 9. Cases on hakam Balqis Fatimah v Najm ul Ikram Qureshi Che Pah v Siti Rahmah Talib v Che Sepiah Nerah v Ahmad Mohamad Sukri v Nalma
- 10. Cases on hakam Balqis Fatimah v Najm ul Ikram Qureshi Che Pah v Siti Rahmah Talib v Che Sepiah Nerah v Ahmad Mohamad Sukri v Nalma