Alternative Dispute Resolution in the Context of Islamic Law

The Vindobona Journal of International Commercial Law and Arbitration, Vol. 8, No. 1, pp. 95-118, 2004

26 Pages Posted: 4 Nov 2012

See all articles by Syed Khalid Rashid

Syed Khalid Rashid

International Islamic University of Malaysia (IIUM)

Date Written: September 20, 2012

Abstract

The idea behind ADR was known and recognized by nearly all the civilizations, particularly those in Asia, and they practiced it before the colonization of Asia and Africa by the West imposed on them the curse of litigation. It is only recently that the West itself has realized the disadvantages and demerits of litigation and has rediscovered ADR. In the past, civilizations such as Chinese, Hindu or Islamic always preferred compromise over confrontation. However, unlike other traditional legal systems which recognize amicable settlement of disputes in a generalized manner, Islamic law contains detailed rules to regulate it, while Quran and had it give it a unique legitimacy and divine approval. There are detailed rules dealing with the subject, which are not found in such details in other traditional legal systems. Islamic law presents ADR as the basic tenet of civil justice.

Suggested Citation

Rashid, Syed Khalid, Alternative Dispute Resolution in the Context of Islamic Law (September 20, 2012). The Vindobona Journal of International Commercial Law and Arbitration, Vol. 8, No. 1, pp. 95-118, 2004, Available at SSRN: https://ssrn.com/abstract=2149550

Syed Khalid Rashid (Contact Author)

International Islamic University of Malaysia (IIUM) ( email )

Ahmad Ibrahim Kulliyyah of Laws
P. O. Box 10, 50728
Kuala Lumpur, Kuala Lumpur 50728
Malaysia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,198
Abstract Views
4,656
Rank
32,469
PlumX Metrics