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Islam, Sharia and Alternative Dispute Resolution
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
Islamic Law and International Law
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the d...
Dispute Resolution in Islamic Finance
Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the Unite...
Islam and Conflict Resolution
Islam and Conflict Resolution investigates and analyzes those aspects of Islam that deal with international law and peaceful resolution of conflict in an attempt to bridge the gap between the Western and Islamic worlds. The authors seek to expose the common ground that exists between the beliefs of Islam and those of the Judeo-Christian religions that influence action in the modern world. Most importantly, they seek to clarify the Muslim belief that conflict is not permanent or unavoidable, pointing out that Islam offers many recommendations for reducing conflict at various levels of personal and interstate relations. The book encourages an intellectual effort on both sides for education that will lead to a definite understanding of each other's world so as to lead to fair treatment in policymaking and journalism as well as an end to hostility between the Muslim and Judeo-Christian worlds.
Managing Marital Disputes in Malaysia
A trend found in many Islamic societies in recent years has been the increasing regulation of family life by Islamic law and a corresponding move away from customary law and informal conflict resolution procedures. The situation in Malaysia, particularly in urban Malay society, is no exception here. Several studies already exist of the nature and extent of Malaysia's Islamic judicial system but the general tendency has been to ignore the actual operation of the syariah courts and related institutions. This study addresses this need with an in-depth analysis of the key area of intra-family conflict and demonstrates that, although formally the counsellor, kadi and judge have defined roles for conflict resolution, in practice much flexibility is evident in the use of consultation, conciliation, mediation, arbitration and adjudication techniques. This study will be of special interest to legal anthropologists and those scholars interested in the increasing application of Islamic law in many different countries.
Muslim/Arab Mediation and Conflict Resolution
Inter- and intra-clan conflicts in Northern Israel pit hundreds against each other in revenge cycles that take years to resolve and impact the entire community. The Sulha is a Shari’a-based traditional conflict resolution process that works independently of formal legal systems and is widely practiced to manage such conflicts in the north of Israel, as well as throughout the Muslim and Arab worlds. The Sulha process works by effecting a gradual attitudinal transformation, from a desire for revenge to a willingness to forgive, through restoration of the victim’s clan sense of honour. Muslim/Arab Mediation and Conflict Resolution examines the process of Sulha, as practiced by the Arab popu...
Modern Perspectives on Islamic Law
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. the three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' - Irmgard Marboe, University of Vienna, Austria
Women’s Shariah Court-Muslim Women’s Quest for Justice
Would it be easy to imagine a court where justice is dispensed not by women and men wearing black flowing gowns but by ordinarily dressed, uneducated women? Muslim women living in slum communities of Mumbai took upon themselves the job of providing legal aid to other distressed women. Need for justice is as crucial as other needs, especially for women who face marginalization on a large scale. This book looks closely at the genesis of these groups, their history, their interventions, their motivations and their contributions to women’s movement. The book suggests recommendations for strengthening alternative dispute resolution forums where justice will be dispensed not by learned lawyers but by ordinarily dressed unlettered women. These women, through their innate sense of justice reaches out passionately towards other equally battered women and together they journey towards a life of dignity.
Gender and Justice in Family Law Disputes
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates ...
Peace and Reconciliation in International and Islamic Law
In an age where the global rules-based world order faces significant challenges to maintaining peace and stability—with world superpowers jockeying to preserve their influence across multiple theatres of conflict—this book explores the major international laws and treaties governing the process of peace and reconciliation. Focusing on the conflicts in Afghanistan, Palestine-Israel and Kashmir, it examines and analyses these conflicts through the prism of international law, humanitarian norms, treaties, and conventions, interspersed with insights from the Islamic legal tradition. An innovative approach to the problem of conflict resolution is applied by a) reviewing the jurisprudential so...
