ARBITRATION (TAHKIM) AND RECONCILIATION (SULH) IN ISLAM AS ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

Abstract

The main reason behind this work is to illustrate the current need for Islamic alternative dispute resolution methods and offer analysis to show the benefts of their applications. There has been a vivid rise in ADRs’ recognition globally as a substitute for litigation and related issues that would be better if addressed with an Islamic perspective. The wide usage of the term has been intensifed uninterruptedly after the second half of the 20th century. This paper intends to introduce a 1,5-centuryyear-old background of legally institutionalized arbitration (Tahkim) and reconciliation (Sulh), Islamic means or ways of alternative dispute resolution. I will show it by presenting and analyzing some reliable historical and current shreds of evidence. A few Quranic ayas and prophetic hadiths will prove the Islamic nature and foundation of ADRs. The paper contains some discussions of meanings and applications of terms and differences of the contemporary. There is a part that defnes classical terms and matches them with their current standings to prove the success in flexible integration and adaptation of the mechanisms as an assistant, or in some cases, more favorable choice to adjudication. It tries to offer the rich experience of Islamic legal laws, doctrines, and several case studies of local and international nature that can easily be accessed. Besides, some indications of current applications of ADR, especially Islamic ones, will be discussed to show the way of solving conflicts outside the courtrooms without leaving today’s legal frameworks. Rich, vast, and mature Islamic legal experience will be a vital guideline in the world of conflict resolution.