Examining Iran's international commercial arbitration law from the point of view of jurisprudence

referring to non-Muslim arbitration faces limitations from a jurisprudential point of view. Based on this, the purpose of this article is to examine Iran's international commercial arbitration law from the point of view of jurisprudence.

This article is descriptive and analytical and library Tool is used.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are respected.

The existence of some rules in jurisprudence, such as the rule of negation of mustaches and hadiths that forbid the referral of arbitration to non-Muslims, creates the impression that it is not permissible to refer to international arbitration, which the law of international commercial arbitration was created in line with.. However, by resorting to other jurisprudential rules such as the harmless rule, the emergency rule, and the distinction between important and important, referring to international arbitration in order to defend the rights of Muslims is permissible and desirable.

All relations with non-Muslims, including referrals to arbitration in non-Muslim arbitration authorities, should not be considered as subject to the rule of negation of mustache or prohibition of interference with al-Taghut and should be completely cut off from them, but should be limited only to those relations that lead to The supremacy and domination of the infidels over the Muslims.