Arab judges and rulers before Islam And their methods of litigation

Abstract

Arbitration is considered the highest stage of development that the innate groups have reched and the idea of arbitration has settled in the minds of people and they have resorted to it until it has become an original habit in them However recourse to arbitration was optional and the implementation of the judgment issued is left to the disputants.

The arbitration was not binding on the arbitrator and he the wanted he would perform this task and if he refused, and the two parties had to agree to appear before the arbitrator.

Before Islam, the Arabs resorted to rulers and judges to resolve their differences and they did not rely on a written law or sharia, but rather on customs tradition and customs and these customs were not devoid of tribal nervousness in arbitration which sometimes made their decisions not devoid of in justice.

The used to solve their problems through the heads of tribes of people known for honesty, honor, wisdom intelligence and knowledge and among the most famaus arbitrators (Aktam bin Saifi) and (Amer bin Al-Darb Al- Adwani) and others, and the Arabs had special methods in the judiciary and arbitrations including: Oath, Physiognomy, Qayafah, Soothsayers and Clairvoyanis.