The Performance of Courts and Conflicts Resolution Systems - Assignment Example

Download file to see previous pages Many states have performance appraisal systems for their justice systems with a significant focus on the timing and delay of serving cases. This section will review the various studies carried out concerning the performance of courts with a focus on time.

The case of Islamic laws
Courts are responsible for resolving conflicts between parties. However, some cases require special attention and for this reason, they have dedicated institutions or systems that address conflicts in their operations and relations. A good example is the application of Sharia law in Islamic financial cases. According to Islam, the use of interest rates on borrowed funds is considered wrongful (Gaunaurd, et al., 2011). As a result, Muslims have unique Court systems that address their financial cases.

Kawaruma (2013) identifies three levels of legal jurisdiction in Dubai which include the federal legal system, which includes Abu Dhabi at its center, Dubai’s domestic legal system, and the DIFC court. The federal court consists of a three-trial system in which cases must first be passed by the Courts of First Instance, followed by the Courts of Appeal, then finally the Courts of Cassation (Thilak, 2012). The three-trial system is a clear indication that conflicts take a lot of time before they are resolved. Although the Federal Court presides over different types of conflicts in the seven Emirates, both Dubai and Ras Al-Khaimah have independent Court Systems (Kawaruma, 2013). However, the time taken to resolve conflicts may be the same because the Court systems resemble that of the Federal Court System. It also has a three-trial system that consists of the Dubai First Instance Court, The Dubai Appeals Court, and The Dubai Court of Cassation.

Studies indicate a high economic expansion rate, at 20% annually, in most Islamic financial institutions probably because of the application of Sharia law (Kawaruma, 2013). For a continued expansion of Islamic finance, quick and efficient conflict resolution mechanisms must be embraced. However, this is not the case with the available Court Systems in the region. The conflict resolution process involves presenting the case to the Sharıa advisory board before being taken to the court. The process is time-consuming because the board has to review the case before taking the necessary steps in dealing with the case. ...Download file to see next pages Read More