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Alternative Dispute Resolution in the Context of Islamic Law

Tuesday, 7th November 2012

<p><font face="Myriad Roman, Arial, Helvetica, Sans-serif;" size="2">Abstract:&nbsp;</font>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<br />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.</p><p>&nbsp;</p><p>Select the link to download the full .pdf of this paper.&nbsp;</p>

Source: The Vindobona Journal of International Commercial Law and Arbitration, Vol. 8, No. 1, pp. 95-118, 2004 Abstract:
Language: English
Contact: Syed Khalid Rashid

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