كتاب
Sharia courts as dispute resolution mechanism in Ethiopia
| العنوان: | Sharia courts as dispute resolution mechanism in Ethiopia |
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| المؤلفون: | Abdo, Mohammed |
| المساهمون: | Fiseha, Assefa, Yentiso, Gebre, Azeze, Fekade |
| المصدر: | Customary dispute resolution mechanisms in Ethiopia ; ISBN: 9789994498895 |
| بيانات النشر: | Eclipse |
| سنة النشر: | 2012 |
| المجموعة: | Ghent University Academic Bibliography |
| مصطلحات موضوعية: | Law and Political Science, and relationship between formal ad none formal systems, dispute resolution, Sharia courts |
| الوصف: | Courts of law play an important role in actualizing the need for justice. A host of problems and challenges to meet justice means that no single state institution or process can shoulder the quest for justice alone, both substantive and procedural, and safeguard rights, privileges, entitlements, and expectation of both the individuals and the public. Litigation is only one of the options amongst the available routes for seeking justice. Thus, the search for justice and ways to resolve disputes outside the formal justice system is a universal phenomenon (ICHRP, 2009: 43). This is especially more evident in multicultural societies where there are different sources of norms. Settlement of disputes can be realized through alternative dispute resolution schemes or mechanisms based on customary or religious systems. Many studies suggest that non-formal systems handle a very large share of cases, especially in developing countries (ICHRP, 2009: 43). This is ascribed, among others, to the fact that they have an inherent nature that appeal to the would-be parties that rely on them (cultural and physical proximity, expediency, and procedures that suit the need of the users, making them closer to the users than the formal state institutions). The state needs to adopt policies to reckon with such system. The state’s approach to non- state dispute settlement means varies and ranges from a degree of tolerance to suppression. In Ethiopia, sharia courts have been in operation for long, although their de jure recognition materialized in early 1940s, which was cast into doubt in 1960s and revived in 1990s. In this chapter, attempt will be made to discuss about sharia courts and their role in the settlement of disputes involving the concern of Muslims. Background information on Islam and sharia courts is offered before delving into details regarding the jurisdiction, administration and interaction of sharia courts with formal state justice system. Finally, the practice of some sharia courts ( that of the Federal, Afar and Oromiya) ... |
| نوع الوثيقة: | book part |
| اللغة: | English |
| ردمك: | 978-99944-988-9-5 99944-988-9-4 |
| العلاقة: | https://biblio.ugent.be/publication/3160156Test; http://hdl.handle.net/1854/LU-3160156Test |
| الإتاحة: | https://biblio.ugent.be/publication/3160156Test http://hdl.handle.net/1854/LU-3160156Test |
| رقم الانضمام: | edsbas.B04457FF |
| قاعدة البيانات: | BASE |
| ردمك: | 9789994498895 9994498894 |
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