Can the ruling of an agreed-upon arbitrator be overturned?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

The ruling of an agreed-upon arbitrator, once established, cannot be overturned for reasons that would not permit overturning the judgment of someone holding official judicial authority. This is because the ruling is sound and binding upon the disputants, and therefore cannot be nullified merely because it contradicts the opinion of the judge reviewing it, similar to the ruling of a qualified judge. To allow nullification based on difference of opinion would imply the ruling was suspended, which is incorrect as it is binding on the parties.

Supporting text

Abu Hanifa states that the judge has the authority to overturn the ruling if it contradicts his own opinion, viewing the arbitration as a contract concerning the judge's right, allowing him to dissolve it like a suspended contract concerning him.