Sulh: A Crucial Part of Islamic Arbitration

25 Pages Posted: 30 Jul 2008 Last revised: 12 Oct 2008

See all articles by Aseel Al-Ramahi

Aseel Al-Ramahi

affiliation not provided to SSRN

Date Written: June 30, 2008

Abstract

Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objective in conflict settlement is collectivity. Group solidarity is explored in this paper and its effect on dispute resolution is examined. The paper looks at the differences between East and West and shows that the Eastern party has an intrinsic community and a collective attitude to conflict whereas the Western party is individually minded and procedurally orientated, thus causing friction between the two sides. The distinctions between them relate to the perceptions of conflict, the formation of procedure and the status and function of the third party intervener. International commercial arbitration is sufficiently equipped to accommodate those two norms if it is used effectively.

Suggested Citation

Al-Ramahi, Aseel, Sulh: A Crucial Part of Islamic Arbitration (June 30, 2008). LSE Legal Studies Working Paper No. 12/2008; Islamic Law and Law of the Muslim World Paper No. 08-45. Available at SSRN: https://ssrn.com/abstract=1153659 or http://dx.doi.org/10.2139/ssrn.1153659

Aseel Al-Ramahi (Contact Author)

affiliation not provided to SSRN ( email )

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