What Does Islamic Arbitration Mean?

infoFebruary 25, 20226min00
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The Islamic arbitration is able to resolve disputes among the fellow Muslim and other Islamic community by following the Sharia’s method.

Arbitration is known to be one of the ways to settle a disagreement or dispute outside the court. Therefore, the Islamic arbitration delivers the same quality of the exact mention solution that it will provide to people who seek for a dispute resolution through religion. The Islamic arbitration follows the Islamic law when it comes to settling any types of conflict, to disagreement. Hence, to further clarify this topic, continue to read till the end.

Islamic Law

The Islamic law is used in this type of arbitration where the presence of the Sharia is recognized by the Islamic arbitration. The Islamic law and the Islamic arbitration facilitates one thing which is the Islamic law, therefore, both of this term or method correlates with one another. 

Moreover, the way the arbitration works is by following the method that has been set by the Islamic law, where the four sources of Sharia code will be used when it comes to dispute a conflict or an argument. 

Islamic Arbitration

The Sharia codes that are being applied in the Islamic arbitration accordance of the Quran itself are stated as below:

  1. Sunna

Sunna are the description of the Prophet Mohammad sayings and acts. This verse or code is known to be the root of traditional and legal custom which is followed by many Islamic people across the world.

  1. Idjma

Is actually a term used in the community of Islamic people or Muslim people. And this code of Idjma is referred to as a consensus. This shows the agreement of the jurist. In other words, it is called a consensus of opinion.

  1. Qiyas

This is the main part of any Islamic arbitration as this code is known as the analogical reasoning deduction. 

Why Is It Helpful ?

The Islamic arbitration is able to resolve disputes among the fellow Muslim and other Islamic community by following the Sharia’s method. The Sharia methods produce a clear solution as to why and how to settle a dispute in good manner instead with the approach of the Quran.

Furthermore, this act would instill respect to Islamic community as it would remind them that humans are fallible who are able to make mistakes. Therefore, resorting to this type of arbitration would allow them to remember that. Moreover, the Islamic arbitration is able to provide both parties a well served jurisdiction where there won’t be any partiality taking place in the situation. Both parties would be able to find their answer in a less stressful way

The Arbitration Agreement

As well all know, according to the Islamic Law School all the arbitration agreement or conclusion would be referred to in the principle of the Sharia four codes. In addition, before binding to an agreement, the arbitration would ensure the consent of both parties before validating the disputes resolution. Therefore, it is important to know that, in order to settle a dispute an arbitrator from the Islamic Law needs to be appointed in order for your dispute resolution to take place, the failure of providing an arbitrator on your side is not going to help you to settle your conflict.

Islamic Arbitration

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