For many years now, Muslim interest in their Islamic heritage has grown, and this has been mirrored in their efforts to live by Islamic values.
Conflicts may be resolved peacefully through Islamic dispute resolution (ADR), which is a kind of alternative dispute resolution (ADR).
It has been difficult to resolve disputes under Islamic law, on the other hand. The Australian Muslim community is divided on whether or not it should be used in this nation, what hazards and benefits it may have, and how it may interact with Australian law and customs and traditions. This is true in case of Islamic Arbitration also.
We’d want to know what conflict resolution is and how it’s done correctly, so please explain
It’s common practice in Australia to use alternative dispute resolution (ADR) to resolve disputes. As a third-party impartial arbitrator, it aids parties in settling disputes without the need of going to court. To avoid the need for a third-party mediator, the parties and their own counsel might work out a settlement alone.
For the sake of saving money, incentives are put in place to promote the usage of this method of conflict resolution. By avoiding court processes, parties may save money and time while also lessening the stress that comes along with them. This approach is referred to as “appropriate conflict resolution” in certain areas.
Take Islamic law and tradition, for instance
Islam also advocates the use of tahkim (arbitration) and sulh (conciliation) to settle disputes outside of the courts rather of going to court (mediation). The greater Islamic legal system known as Shariah (Islamic law), which is part of the larger Islamic legal system, incorporates dispute settlement procedures.
For this investigation, we will focus on the Qur’an and the Hadith, two of the most important sources of Islamic law. Muslims believe that the Quran, their sacred book, is the most important religious literature in the world. Hadiths are written collections of the Prophet Muhammad’s deeds and sayings that have been preserved for future generations (Sunna). A piece of law in the Islamic legal system may be interpreted in several ways by different schools of thought.
Islamic law, for example, may be used in international arbitration. The Asian International Arbitration Centre has developed i-Arbitration criteria in order to comply with Islamic law (the initial I implies conformity). Parties from outside the country that choose to settle their disputes via Islamic procedures rather than more conventional methods of conflict resolution, such as arbitration, will be able to use this method of resolution.
When applying Islamic principles to the calculation of a penalty in Islamic commercial arbitration, an arbitrator may choose not to include interest (riba) in the penalty calculation. Although Islamic law favours commerce and industry, the practice of riba is forbidden. Both the Quran and the Sunnah forbid this practice, seeing it both evil and unduly profitable.
It is difficult to understand why this well-established kind of mediation is regarded with distrust.
The adoption of this policy in this nation may have what kinds of challenges?
In nations where Islam is the main religion, this is becoming increasingly apparent. Shariah Law’s popularity has been on the rise recently, since six of the thirty-six countries that have recognized it have done so in the previous decade.
Academic research on Islamic conflict resolution has been scarce during the last several years. In light of the current scenario, these tactics have been applied intermittently and seldom. Instead of judicially recognized alternative conflict resolution procedures, such as conventional arbitration, special emphasis is given to Islamic arbitration and its implementation within the Nigerian legal system.