Law
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Authors
Name: Prof. Dr / Hadia Alchami(1) |
Country: Lebanese Republic
Department / Fine Specialization: Law / Private Law and Criminal Sciences
Institution / University: Islamic Universty in Lebanon
0009-0008-5425-2146
Name: Dr / Abbas Bassar(2) |
Country: Lebanese Republic
Department / Fine Specialization: Law / Public Law
Institution / University: Islamic Universty in Lebanon
Abstract
The contemporary world is witnessing a remarkable development in patterns of crime. However, the aspect that most concerns legal scholarship and legislators is the extension of this development to include crimes that have a direct impact on the family and its structure. Although legislators have sought to enact laws aimed at curbing these crimes, such provisions have not always succeeded in effectively achieving their intended purpose. Accordingly, some states have moved toward adopting peaceful and alternative means, within specific limits and safeguards, to settle family disputes accompanied by violence. In this context, this research seeks to address a fundamental problem, namely how to mitigate the rigidity of the legal provision that absolutely prohibits recourse to alternative means of resolving family disputes involving violence, while at the same time preserving the legal and rights-based guarantees afforded to the victim. The research also aims to demonstrate how the Lebanese legislator may avoid this absolute prohibition by reconsidering and amending traditional legal provisions in a manner that keeps pace with the requirements of both protection and justice. It further examines selected comparative experiences relating to family courts that have adopted this approach, with a view to extracting lessons to the development of the Lebanese legislative approach.
Keywords: Family Disputes, Domestic Violence, Alternative Dispute Resolution (ADR), Mediation, Arbitration
Research Language:
Arabic
How to cite:
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 11, Issue 31, Year (3), pp. 18-61.
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 11, Issue 31, Year (3), pp. 18-61.
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⚖️ Conflict of Interest:
The author/authors declare no conflict of interest regarding the publication of this research.
💰 Funding:
This study did not receive any financial support or grant from any public, private, or non-profit entity.
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