The dispute is a common social process with the multi-dimensional features. This phenomenon exists in all social systems, regardless of their location and time. As humans are social beings, disputes among them are inevitable. From time to time differences arise on various questions between the people living together. There are many ways to resolve disputes on the international stage in the framework of general international law, but whatever makes a valuation on a method compared with other methods is compatibility between the different characteristics created by the method of dispute resolution. Settlement of disputes has been addressed in Islamic culture. Peace and reconciliation in Islamic learning was emphasized by many religious scholars. Nevertheless Islamic law provides for settlement of disputes by many ways of Sulh including mediation. The purpose of this paper is to examine the principles on mediation laid down in the Quran and the Sunnah of Prophet Muhammad (peace be upon him), which are both the primary sources of Islamic law. The paper will seek to apply the deduced principles in contemporary mediation. This article also going to expresses that the Islamic methods can also be applicable in the peaceful resolution of international disputes.
This document discusses arbitration as an alternative to legal action in courts. It defines arbitration and key terms like arbitrator and award. It outlines elements needed for a valid arbitration agreement like being written and signed. It discusses selecting qualified arbitrators and outlines advantages like being faster and less expensive than courts, and disadvantages like possibly being slower than a single arbitrator. It also discusses criteria for a valid arbitration award and concludes that arbitration is a legal technique for resolving disputes outside courts through a neutral arbitrator.
The document discusses hudud offenses in Islam and their application in Malaysia. It defines the 7 categories of hudud offenses according to Islam which include theft, robbery, zina, qadhf, drinking intoxicants, apostasy, and rebellion. It then examines laws related to hudud offenses in the Malaysian states of Kelantan and Terengganu, including details on punishments for specific offenses like amputation for theft and stoning for married persons committing zina. The document also discusses debates around implementing hudud laws in Malaysia and rebuttals to criticisms of certain provisions.
The document discusses the nature and sources of Shari'ah law. It defines Shari'ah as the divine religious law and path revealed to Muslims through the Quran and teachings of the Prophet Muhammad. Shari'ah is concerned with establishing values and protecting faith, life, intellect, family and wealth. It provides guidance for both legal and moral matters. Fiqh refers to the body of Islamic jurisprudence developed by legal schools and scholars through ijtihad (reasoning). The primary sources of Shari'ah are the Quran, authentic hadiths, consensus of scholars, and analogy. Ijtihad and scholarly reasoning are used to derive rulings for issues not directly addressed in the primary sources
This document discusses the Islamic legal maxim of dharar, meaning harm or damage. It begins by defining dharar as any kind of injury that should be eliminated or avoided. There are two types of dharar - intentional and unintentional. The maxim is evidenced by Quranic verses and hadith prohibiting harm. Related maxims include permitting prohibited things in cases of necessity to avoid greater harm, and prioritizing removing harm over gaining benefits. The maxim aims to prevent or resolve all kinds of harm to individuals, societies, and environments.
This document discusses the concept of Jihad in Islam. It begins by covering Islamic beliefs and then defines Jihad as meaning struggle or effort for excellence, which can take three forms: struggling against one's own evil desires; struggling against evil in society; and struggling in battle for self-defense or to end oppression. It notes that valid reasons for military Jihad include self-defense, resisting occupation, and protecting religious freedom, but that Jihad does not mean forcing religion on others or fighting for personal power or wealth. The document outlines Islamic rules of warfare, such as offering peace first, protecting non-combatants, avoiding destruction, and just treatment of prisoners. It stresses that Jihad should not be connected to terrorism.
This document discusses the Islamic legal principle of al-Qiyas (analogical reasoning). It begins by defining al-Qiyas as extending a Sharia ruling from an original case to a new case if they share the same effective cause or 'illah. The bases of al-Qiyas include Quranic verses, hadiths of the Prophet Muhammad, and scholarly consensus. The pillars of al-Qiyas are the original case, new case, effective cause or 'illah, and ruling. There are also conditions for each pillar. The document provides examples of different types of al-Qiyas and discusses cases where scholars have applied analogical reasoning.
Contracts are legally binding agreements between two or more competent parties that usually involve employment, sale or lease of property, or tenancy. The key elements of a valid contract are offer, acceptance, consideration, intention to create legal relations, capacity to contract, certainty of terms, and free consent. Minors and mentally impaired individuals generally lack the capacity to enter into contracts. For a contract to be enforceable, it requires an offer, acceptance of that offer, and consideration or valuable benefit exchanged between the parties.
This document discusses arbitration as an alternative to legal action in courts. It defines arbitration and key terms like arbitrator and award. It outlines elements needed for a valid arbitration agreement like being written and signed. It discusses selecting qualified arbitrators and outlines advantages like being faster and less expensive than courts, and disadvantages like possibly being slower than a single arbitrator. It also discusses criteria for a valid arbitration award and concludes that arbitration is a legal technique for resolving disputes outside courts through a neutral arbitrator.
The document discusses hudud offenses in Islam and their application in Malaysia. It defines the 7 categories of hudud offenses according to Islam which include theft, robbery, zina, qadhf, drinking intoxicants, apostasy, and rebellion. It then examines laws related to hudud offenses in the Malaysian states of Kelantan and Terengganu, including details on punishments for specific offenses like amputation for theft and stoning for married persons committing zina. The document also discusses debates around implementing hudud laws in Malaysia and rebuttals to criticisms of certain provisions.
The document discusses the nature and sources of Shari'ah law. It defines Shari'ah as the divine religious law and path revealed to Muslims through the Quran and teachings of the Prophet Muhammad. Shari'ah is concerned with establishing values and protecting faith, life, intellect, family and wealth. It provides guidance for both legal and moral matters. Fiqh refers to the body of Islamic jurisprudence developed by legal schools and scholars through ijtihad (reasoning). The primary sources of Shari'ah are the Quran, authentic hadiths, consensus of scholars, and analogy. Ijtihad and scholarly reasoning are used to derive rulings for issues not directly addressed in the primary sources
This document discusses the Islamic legal maxim of dharar, meaning harm or damage. It begins by defining dharar as any kind of injury that should be eliminated or avoided. There are two types of dharar - intentional and unintentional. The maxim is evidenced by Quranic verses and hadith prohibiting harm. Related maxims include permitting prohibited things in cases of necessity to avoid greater harm, and prioritizing removing harm over gaining benefits. The maxim aims to prevent or resolve all kinds of harm to individuals, societies, and environments.
This document discusses the concept of Jihad in Islam. It begins by covering Islamic beliefs and then defines Jihad as meaning struggle or effort for excellence, which can take three forms: struggling against one's own evil desires; struggling against evil in society; and struggling in battle for self-defense or to end oppression. It notes that valid reasons for military Jihad include self-defense, resisting occupation, and protecting religious freedom, but that Jihad does not mean forcing religion on others or fighting for personal power or wealth. The document outlines Islamic rules of warfare, such as offering peace first, protecting non-combatants, avoiding destruction, and just treatment of prisoners. It stresses that Jihad should not be connected to terrorism.
This document discusses the Islamic legal principle of al-Qiyas (analogical reasoning). It begins by defining al-Qiyas as extending a Sharia ruling from an original case to a new case if they share the same effective cause or 'illah. The bases of al-Qiyas include Quranic verses, hadiths of the Prophet Muhammad, and scholarly consensus. The pillars of al-Qiyas are the original case, new case, effective cause or 'illah, and ruling. There are also conditions for each pillar. The document provides examples of different types of al-Qiyas and discusses cases where scholars have applied analogical reasoning.
Contracts are legally binding agreements between two or more competent parties that usually involve employment, sale or lease of property, or tenancy. The key elements of a valid contract are offer, acceptance, consideration, intention to create legal relations, capacity to contract, certainty of terms, and free consent. Minors and mentally impaired individuals generally lack the capacity to enter into contracts. For a contract to be enforceable, it requires an offer, acceptance of that offer, and consideration or valuable benefit exchanged between the parties.
The document discusses waqf (Islamic endowment) in Malaysia, including its definition, types, and role in Muslim society. It outlines the history and current state of waqf administration and management in Malaysia. Waqf matters fall under state-level Islamic Religious Councils (SIRCs), which are responsible for safeguarding waqf properties, developing properties according to waqif terms, and reporting on performance. SIRCs face challenges like lack of standardized laws, financing, and human resources that hamper optimal waqf utilization.
Gender Equality in Islam - Reconciling traditional Islamic laws with the grow...Omer Akif
This document provides a summary of an essay exploring gender equality and discrimination in Islamic legal tradition. It discusses several domains of Islamic law related to gender issues, including marriage, polygamy, divorce and inheritance. While some aspects of Islamic law have been interpreted in gender discriminatory ways due to social and cultural factors, the document argues that the original sources of Islamic law in the Quran and hadith promote gender equality and justice. It examines scholarly debates on reconciling Islamic legal rulings with universal notions of equality and highlights court rulings that have promoted more equitable interpretations of the law.
Introduction to Usul Fiqh :Uruf as a source of lawNaimAlmashoori
Urf, or customary practices, plays an important role in Islamic law. Customs can help specify matters not clearly defined in sharia and adapt the law to different times and places. To be valid, a custom must be widely practiced and accepted, consistent with reason, and not contradict sharia or agreed contracts. Examples of valid customs include determining delivery responsibilities in contracts and resolving disputes based on normal practices. Customs help Islamic law account for cultural and historical context while upholding core religious principles.
The document discusses the concept of maslahah mursalah in Islamic jurisprudence. It defines maslahah mursalah as unrestricted public interest that has not been explicitly regulated by the lawgiver. The document outlines the views of different jurists on when istislah (public interest) can be used as a basis for legislation. It also discusses the conditions for a maslahah to be valid, such as being genuine, general, and not in conflict with clear religious texts or scholarly consensus. Finally, it categorizes different types of maslahah - those upheld by the lawgiver, nullified by the lawgiver, and unrestricted maslahah murs
The document discusses two approaches to the study of usul al-fiqh: the deductive (theoretical) approach and the inductive approach. The deductive approach, adopted by Shafi'ites and Mutakallimun, develops general principles from which specific rulings are deduced. The inductive approach, used by Hanafites, derives general principles by inductively examining specific rulings, relating theory more closely to practical issues of fiqh. Both have merits but the inductive approach is more pragmatic.
Introduction to Usul Fiqh: Al Hakim - the lawgiverNaimAlmashoori
The document discusses different views on the source of Islamic law (shariah). It states that according to the majority of jurists and the Ash'ari school of thought, the only source of law is Allah, as revealed through scripture. Human intellect alone cannot determine right and wrong. The Mu'tazila school argued that reason could identify laws without revelation. The Maturidi and Hanafi schools took a middle view that reason could help but is fallible without revelation. The key disagreement centered around whether reason alone could be used as a source of law where scripture is silent.
Istihsan refers to juristic preference in Islamic law. It allows a jurist to choose a ruling that is more suitable or preferable over one established by analogy (qiyas) if it better serves public interest or avoids hardship. Istihsan must be based on clear evidence from the Quran, hadiths, scholarly consensus (ijma) or consideration of public welfare (maslaha). Examples of rulings made using istihsan include allowing salam contracts based on hadiths and istisna contracts based on ijma. While Abu Hanifa, Malik and Hamabli scholars accept istihsan, Shafii argued it amounts to making new rulings, though commentators
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
MALAYSIAN LEGAL SYSTEM Administration of justice part 2xareejx
The document outlines the jurisdiction and sentencing powers of various Malaysian courts. It explains that first class magistrates try offences with maximum 10 years imprisonment or fine-only offences. Sessions courts try all offences except those punishable by death. The high court, court of appeal and federal court have broad jurisdiction over criminal cases, with higher courts able to substitute sentences passed in lower courts. Shariah courts have jurisdiction over Muslims in matters of Islamic law.
International Humanitarian Law Lecture 12 - Non International Armed ConflictNilendra Kumar
This presentation explains the meaning and the concept of the Non International Armed Conflicts (NIAC) along with its applications in IHL. It describes the features and causes of the same.
The document discusses establishing an Islamic letter of credit (ILC) for international trade that complies with Islamic law (Shariah). It proposes:
1. Creating an Islamic business environment and global Islamic bank network to ensure all rules and regulations in trade are derived from Islamic law.
2. Islamizing the major banks involved in letters of credit through new Islamic banking windows to minimize conflicts with Shariah requirements.
3. Establishing a Global Islamic Bank Consul and International Islamic Chamber of Commerce to regulate the ILC process and standards.
4. Structuring the ILC based on Islamic contracts like Wakalah, Murabaha, and Musharakah to interpret the roles and procedures
The document discusses the importance of collective work or "jama'ah" in Islamic society. It defines jama'ah as an organization of Muslims who have voluntarily submitted to group discipline to strengthen their Islamic awareness, commitment, dedication and sacrifice to establish the religion of Allah. The document emphasizes several hadith that urge Muslims to remain with the jama'ah and avoid division. It explains the differences between al-jama'ah, which refers to the united Muslim ummah, and smaller jama'ah organizations, and discusses reasons for the emphasis on collective work.
The document discusses the conditions for a valid Islamic marriage according to Islamic law. It outlines the five pillars as (a) the husband, (b) the wife, (c) the wali or guardian, (d) two witnesses, and (e) the acceptance of the proposal (ijab) and acceptance (qabul). The document also examines a court case where a father refused consent for his daughter's marriage and analyzes opinions on when a wali can be overridden by a religious judge.
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
This document is the table of contents for a book titled "The Sunnah and Its Role in Islamic Legislation" which discusses the sunnah, its meaning, transmission, authentication efforts by scholars, and role in Islamic law. The book is divided into three sections: the first discusses the definition and transmission of the sunnah; the second addresses doubts raised about the sunnah over centuries; and the third examines the sunnah's ranking in Islamic law relative to the Quran. It includes chapters on fabricated hadiths, authentication methods, debates around the sunnah, and biographies of prominent hadith scholars.
This document discusses the concept of al-Istihsan in Islamic law. Al-Istihsan refers to preferring one legal opinion over another that is derived from analogy based on textual evidence or public interest. The document outlines the meaning and types of al-Istihsan, including exceptions based on texts, consensus, custom, necessity, and hidden analogy. Examples are provided and the validity of al-Istihsan as a source of law is discussed among different schools of thought.
The document discusses different perspectives on the meaning and purpose of Jihad in Islam. It examines Jihad from linguistic, scholarly, and Quranic perspectives. Key points include that Jihad linguistically means "to struggle" and can take various non-violent forms, such as spiritual, mental or verbal struggles. Scholars categorize Jihad as including struggles against oneself, Satan, non-believers, and hypocrites. The ultimate purpose of Jihad is to fulfill one's duty in spreading and defending Islam.
Bestr è la piattaforma per colmare il divario fra mondo produttivo, formativo e learners tramite la rappresentazione delle competenze in forma di Open Badge. Definire le competenze utili al mondo del lavoro, quelle create dalle attività formative, quelle in possesso dei learners - condividerle e diffonderle, in una prospettiva di lifelong & lifewide learning.
The Reel Story - Garmin New Product PresentationThe Reel Story
Are you guilty of information overload? Do you abuse clip art? An effective PowerPoint offers a compelling narrative; it elicits an emotional response from the audience regardless of the subject. With an estimated 350 PowerPoint presentations being given every second across the globe, it is nigh time to get your PowerPoint right.
The Reel Story will ensure you do.
The document discusses waqf (Islamic endowment) in Malaysia, including its definition, types, and role in Muslim society. It outlines the history and current state of waqf administration and management in Malaysia. Waqf matters fall under state-level Islamic Religious Councils (SIRCs), which are responsible for safeguarding waqf properties, developing properties according to waqif terms, and reporting on performance. SIRCs face challenges like lack of standardized laws, financing, and human resources that hamper optimal waqf utilization.
Gender Equality in Islam - Reconciling traditional Islamic laws with the grow...Omer Akif
This document provides a summary of an essay exploring gender equality and discrimination in Islamic legal tradition. It discusses several domains of Islamic law related to gender issues, including marriage, polygamy, divorce and inheritance. While some aspects of Islamic law have been interpreted in gender discriminatory ways due to social and cultural factors, the document argues that the original sources of Islamic law in the Quran and hadith promote gender equality and justice. It examines scholarly debates on reconciling Islamic legal rulings with universal notions of equality and highlights court rulings that have promoted more equitable interpretations of the law.
Introduction to Usul Fiqh :Uruf as a source of lawNaimAlmashoori
Urf, or customary practices, plays an important role in Islamic law. Customs can help specify matters not clearly defined in sharia and adapt the law to different times and places. To be valid, a custom must be widely practiced and accepted, consistent with reason, and not contradict sharia or agreed contracts. Examples of valid customs include determining delivery responsibilities in contracts and resolving disputes based on normal practices. Customs help Islamic law account for cultural and historical context while upholding core religious principles.
The document discusses the concept of maslahah mursalah in Islamic jurisprudence. It defines maslahah mursalah as unrestricted public interest that has not been explicitly regulated by the lawgiver. The document outlines the views of different jurists on when istislah (public interest) can be used as a basis for legislation. It also discusses the conditions for a maslahah to be valid, such as being genuine, general, and not in conflict with clear religious texts or scholarly consensus. Finally, it categorizes different types of maslahah - those upheld by the lawgiver, nullified by the lawgiver, and unrestricted maslahah murs
The document discusses two approaches to the study of usul al-fiqh: the deductive (theoretical) approach and the inductive approach. The deductive approach, adopted by Shafi'ites and Mutakallimun, develops general principles from which specific rulings are deduced. The inductive approach, used by Hanafites, derives general principles by inductively examining specific rulings, relating theory more closely to practical issues of fiqh. Both have merits but the inductive approach is more pragmatic.
Introduction to Usul Fiqh: Al Hakim - the lawgiverNaimAlmashoori
The document discusses different views on the source of Islamic law (shariah). It states that according to the majority of jurists and the Ash'ari school of thought, the only source of law is Allah, as revealed through scripture. Human intellect alone cannot determine right and wrong. The Mu'tazila school argued that reason could identify laws without revelation. The Maturidi and Hanafi schools took a middle view that reason could help but is fallible without revelation. The key disagreement centered around whether reason alone could be used as a source of law where scripture is silent.
Istihsan refers to juristic preference in Islamic law. It allows a jurist to choose a ruling that is more suitable or preferable over one established by analogy (qiyas) if it better serves public interest or avoids hardship. Istihsan must be based on clear evidence from the Quran, hadiths, scholarly consensus (ijma) or consideration of public welfare (maslaha). Examples of rulings made using istihsan include allowing salam contracts based on hadiths and istisna contracts based on ijma. While Abu Hanifa, Malik and Hamabli scholars accept istihsan, Shafii argued it amounts to making new rulings, though commentators
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
MALAYSIAN LEGAL SYSTEM Administration of justice part 2xareejx
The document outlines the jurisdiction and sentencing powers of various Malaysian courts. It explains that first class magistrates try offences with maximum 10 years imprisonment or fine-only offences. Sessions courts try all offences except those punishable by death. The high court, court of appeal and federal court have broad jurisdiction over criminal cases, with higher courts able to substitute sentences passed in lower courts. Shariah courts have jurisdiction over Muslims in matters of Islamic law.
International Humanitarian Law Lecture 12 - Non International Armed ConflictNilendra Kumar
This presentation explains the meaning and the concept of the Non International Armed Conflicts (NIAC) along with its applications in IHL. It describes the features and causes of the same.
The document discusses establishing an Islamic letter of credit (ILC) for international trade that complies with Islamic law (Shariah). It proposes:
1. Creating an Islamic business environment and global Islamic bank network to ensure all rules and regulations in trade are derived from Islamic law.
2. Islamizing the major banks involved in letters of credit through new Islamic banking windows to minimize conflicts with Shariah requirements.
3. Establishing a Global Islamic Bank Consul and International Islamic Chamber of Commerce to regulate the ILC process and standards.
4. Structuring the ILC based on Islamic contracts like Wakalah, Murabaha, and Musharakah to interpret the roles and procedures
The document discusses the importance of collective work or "jama'ah" in Islamic society. It defines jama'ah as an organization of Muslims who have voluntarily submitted to group discipline to strengthen their Islamic awareness, commitment, dedication and sacrifice to establish the religion of Allah. The document emphasizes several hadith that urge Muslims to remain with the jama'ah and avoid division. It explains the differences between al-jama'ah, which refers to the united Muslim ummah, and smaller jama'ah organizations, and discusses reasons for the emphasis on collective work.
The document discusses the conditions for a valid Islamic marriage according to Islamic law. It outlines the five pillars as (a) the husband, (b) the wife, (c) the wali or guardian, (d) two witnesses, and (e) the acceptance of the proposal (ijab) and acceptance (qabul). The document also examines a court case where a father refused consent for his daughter's marriage and analyzes opinions on when a wali can be overridden by a religious judge.
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
This document is the table of contents for a book titled "The Sunnah and Its Role in Islamic Legislation" which discusses the sunnah, its meaning, transmission, authentication efforts by scholars, and role in Islamic law. The book is divided into three sections: the first discusses the definition and transmission of the sunnah; the second addresses doubts raised about the sunnah over centuries; and the third examines the sunnah's ranking in Islamic law relative to the Quran. It includes chapters on fabricated hadiths, authentication methods, debates around the sunnah, and biographies of prominent hadith scholars.
This document discusses the concept of al-Istihsan in Islamic law. Al-Istihsan refers to preferring one legal opinion over another that is derived from analogy based on textual evidence or public interest. The document outlines the meaning and types of al-Istihsan, including exceptions based on texts, consensus, custom, necessity, and hidden analogy. Examples are provided and the validity of al-Istihsan as a source of law is discussed among different schools of thought.
The document discusses different perspectives on the meaning and purpose of Jihad in Islam. It examines Jihad from linguistic, scholarly, and Quranic perspectives. Key points include that Jihad linguistically means "to struggle" and can take various non-violent forms, such as spiritual, mental or verbal struggles. Scholars categorize Jihad as including struggles against oneself, Satan, non-believers, and hypocrites. The ultimate purpose of Jihad is to fulfill one's duty in spreading and defending Islam.
Bestr è la piattaforma per colmare il divario fra mondo produttivo, formativo e learners tramite la rappresentazione delle competenze in forma di Open Badge. Definire le competenze utili al mondo del lavoro, quelle create dalle attività formative, quelle in possesso dei learners - condividerle e diffonderle, in una prospettiva di lifelong & lifewide learning.
The Reel Story - Garmin New Product PresentationThe Reel Story
Are you guilty of information overload? Do you abuse clip art? An effective PowerPoint offers a compelling narrative; it elicits an emotional response from the audience regardless of the subject. With an estimated 350 PowerPoint presentations being given every second across the globe, it is nigh time to get your PowerPoint right.
The Reel Story will ensure you do.
- 1992: UN Framework Convention on Climate Change recognizes human-induced climate change and aims to stabilize greenhouse gas concentrations to prevent dangerous interference with the climate. It places most responsibility on industrialized nations.
- 1997: The Kyoto Protocol is adopted, requiring developed countries to reduce greenhouse gas emissions by 5% below 1990 levels by 2012, with binding targets. It establishes carbon trading mechanisms.
- 2012: The Doha Amendment extends the Kyoto Protocol commitments through 2020, with some countries withdrawing. It establishes less stringent emissions targets. Overall, the Kyoto Protocol represents the first binding international agreement on reducing emissions.
There is no doubt that only Allah is the creator and he knows the needs of His creation. However, all rulings and orders are to achieve his servants to prosperity. This paper is not put together in defence of polygamy for Allah has already confirmed its validity as clearly stated in the Noble Quran: “Marry of the women that please you, two, three or four, but if you fear that you will not be able to deal justly with them, then only one.” Moreover, the Prophet (PBUH) demonstrated in detail how polygamy should be put into practice by his divinely guided lifestyle. Nowadays, polygamy is usually viewed as a right that man has but should not take, or as a law that is outmoded and in need of being abolished.
Nasir Ahmad yousefi
MALAYSIAN LEGAL SYSTEM on Alternative Dispute ResolutionFAROUQ
This document discusses two types of negotiation: positional bargaining and principled negotiation. It also discusses collective bargaining, collective agreements, mediation, and the differences between Majlis Sulh mediation and Malaysian Mediation Centre mediation.
Positional bargaining involves taking a position and contesting the other party's will, while principled negotiation focuses on separating people from problems, interests rather than positions, generating options, and relying on objective criteria.
Collective bargaining is the negotiation between employers/unions to conclude agreements, and collective agreements must contain specific details and are binding on successors.
Mediation involves joint and private sessions to facilitate discussion and potentially reach a settlement agreement, while the differences between Majlis Sulh and
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
A landmark case on the situation of minors in contracts other than necessity, scholarship or insurance. Minor are those below 18 years of age and normally are incompetent to enter into any contracts.
The document discusses alternative dispute resolution (ADR) in India. It notes that ADR was introduced in India to help address the huge backlog of cases overwhelming the court system. ADR provides parties more cost-effective and timely mechanisms to resolve disputes through negotiation, mediation, arbitration, and conciliation outside of litigation. The growth of ADR in India has helped promote access to justice and reduce strain on the courts.
This document discusses alternative dispute resolution (ADR) methods. It outlines five main types of ADR: negotiation, mediation, conciliation, arbitration, and collaborative law. Negotiation involves parties discussing to find an agreed solution without being binding. Mediation uses an impartial third party to direct discussion but not suggest outcomes. Conciliation is like mediation but the third party can make suggestions. Arbitration uses a third party to impose a binding decision. Collaborative law involves lawyers collaborating to settle without litigation. Advantages of ADR include being less formal, cheaper and faster than courts. Disadvantages are some disputes not being suitable and decisions not always legally binding.
The document discusses Islamic principles of peace, diversity, and prohibiting violence. It explains that Islam means peace, the roots of the word Islam mean submission to God, and its basic tenets promote peace. It discusses Quranic verses advocating diversity in humanity and rejecting compulsion in religion. It also outlines Islamic rules of war only permitting fighting in self-defense and prohibiting harming non-combatants, as well as requiring peace if the enemy seeks it.
The document provides an overview of learning about peace based on a CRCNA Synodical recommendation from 2006. It discusses definitions of peacebuilding and peacemaking, true stories of peace from Nigeria and Iraq, principles of hope, lament, being prophetic and acting, and how learning about peace can change perspectives and inspire peace advocacy. Resources on peacebuilding, conflict transformation, and related organizations are also listed.
God, the great Communicator created the universe through communication. He wants human beings, as His image-bearers, to communicate with Him, and especially fellow human beings through various invented communication means. Social media have been one of such inventions that human beings have been using to communicate with one another. Inasmuch as conflicts are inevitable among human beings, to resolve these conflicts and have a sustainable peaceful co-existence, God wants human beings to resemble Jesus Christ (who is the Mediator between God and man) to dialogue mediatively among conflicting partings using social media as a means. To this end, this paper discussed theological basis for conflict resolution and peacebuilding in general and theological basis for sustainable mediative dialogue in particular, gave some biblical injunctions on how to prevent conflicts and have a peaceful co-existence, and concluded with the theological basis for social media.
This document discusses Islam's perspective on peace from various angles:
1. The root word of Islam, "al-silm", means "submission" or "surrender" to God, reflecting the religion's emphasis on peace.
2. Islam teaches that diversity among humanity in terms of languages, colors, and opinions is a sign from God, and that all humans should be treated with dignity and equality.
3. While military conflict is allowed in self-defense if peaceful options fail, Islam strongly promotes peace, justice, forgiveness and protecting non-combatants according to hadith and Quranic verses presented. There is no compulsion in religion and religious tolerance is fundamental.
Islam promotes comprehensive peace based on its principles of mercy, justice, and moral virtues. It enjoins Muslims to establish friendly relations even with enemies and incline towards peace whenever the enemy does. Key Islamic concepts like "Islam", "Salam", and the greeting "As-Salamu Alaikum" emphasize peace. The purpose of Islam is to please Allah through righteous deeds that guide people to peace and safety.
1) Interreligious dialogue aims to foster understanding and cooperation between people of different faiths through respectful discussion and exchange of ideas. It has become increasingly important in today's diverse world.
2) The document discusses the Islamic perspective on interfaith dialogue, noting that Islam considers all prophets as messengers of God and that Muslims must have faith in all prophets. The teachings of Prophet Muhammad emphasize justice, kindness and freedom of religion for people of other faiths.
3) Effective interfaith dialogue requires avoiding debate and instead focusing on understanding different viewpoints despite religious differences. It can take various forms from informal daily interactions to formal discussions on theology and spirituality.
The document discusses Maqasid Shariah, which are the objectives of Islamic law. It explains that the overarching purpose of Shariah is to benefit humans and realize their interests. These benefits are categorized into necessities (al-daruriyyat), needs/exigencies (al-hajiyyat), and complementary interests (al-tahsiiniyyat). Shariah aims to protect the five essentials of religion, life, intellect, lineage, and property by regulating benefits and prohibiting harms. All professions can uphold Maqasid Shariah by considering how their work protects these essential interests and benefits society.
Preventive War and Humanitarian InterventionJude Metoyer
The document discusses Michael Doyle's proposal for developing a legal framework for preventive war and humanitarian intervention. It summarizes Doyle's three-part proposal: 1) Develop a multilateral framework for sanctioning preventive war, 2) Develop case law and jurisprudence around preventive use of force, and 3) Apply the same legal standards for unilateral intervention that exist for multilateral interventions. The document agrees with the first two parts but argues that Harold Koh makes a stronger case for banning unilateral preventive action, as unilateral action lacks legitimacy and there are better alternatives through multilateral cooperation.
HWPL Newsletter 2016 March : Inside 3.14 Prolclamation Ceremony of the Declar...HWPL
- The 3rd HWPL International Law Peace Committee Meeting
- HWPL International Law Peace Committee Speaks on the Declaration of Peace and Cessation of War
- Proclamation Ceremony of the Declaration of Peace and Cessation of War
- Declaration of Peace and Cessation of War
- Press Conference
- The inauguration of the HWPL Peace Advocacy Committee
- Photo Gallery
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Mediation of international dispute The Islamic perspective
1. MEDIATION OF INTERNATIONAL DISPUTE THE
ISLAMIC PERSPICTIVE
BY
NASIR AHMAD YOUSEFI
(G1419223)
COURSE:
INTERNATIONAL DISPUTE RESOLUTION (LAW)
LL.M IN INTERNATIONAL LAW
LECTURER:
PROF. DR. ASHGAR ALI ALI MOHAMED
3. INTRODUCTION
As humans are social beings, disputes among them
are inevitable.
The first conflict between humans back to the time
of QABIL and HABIL .
From time to time differences arise on various
questions between the people living together as
individual, organization or state.
There are many ways to resolve disputes on the
international stage in the framework of general
international law.
Settlement of disputes has been addressed in Islamic
culture. Peace and reconciliation in Islamic learning
was emphasized by many religious scholars.
Nevertheless Islamic law provides for settlement of
disputes by many ways of Sulh including mediation.
4. THE CONCEPT
OF (ADR)
Alternative Dispute Resolution (ADR) is a collection of
processes used for the purpose of resolving conflict or
disputes informally and confidentially.
Since the early 1980's, alternative methods have been
developed to help people resolve legal problems fairly, less
expensively, and earlier.
ADR provides alternatives to traditional processes, such as
grievances and complaints; however, it does not displace
those traditional processes.
Some reasons for using ADR are that it is faster, less costly,
and easier, less formality involved, less confrontational or
adversarial, it encourages creativity and searching for
practical solutions.
YOU HAVE NOTHING TO LOSE by using ADR since all
statutory entitlements remain intact.
5. Types of ADR
1. Negotiation,
2. Conciliation,
3. Arbitration,
And the most important form of
the ADR is:
4. Mediation.
The term ‘mediation’ is defined as a
confidential facilitated negotiation,
substantially controlled by parties,
procedurally controlled by neutral third
parties but with no authority to impose an
out come.
Mediation is a conflict resolution method
in which a mediator helps two people
negotiate a voluntary solution to their
dispute.
The 1856 Declaration of Paris was one of
the early international agreements that
encouraged member States to settle their
maritime disputes by mediation.
The Second Hague Conference of 1907
recognized the right of neutral states to
acts as mediators in international disputes.
What is the
mediation?
6. Elements of mediation
Mediation, as an affordable and accessible means of alternative dispute
resolution, has the following five elements:
1. The presence of the parties;
2. Willingness of the parties to act in good faith;
3. An impartial third party facilitator;
4. An appropriate site and
5. Confidentiality.
7. MEDIATION IN INTERNATIONAL CONFLICTS
International mediation may involve private
individuals, academic scholars, official
government representatives, regional
organisations, small or large states,
transnational and international
organisations.
The UN Charter in its Article 33 (1) lists
mediation as a peaceful method of
resolving international disputes.
The Agreement Establishing the World
Trade Organization (WTO) that established
the WTO Dispute Settlement
Understanding (DSU) persuades the
disputants to settle their disputes through
consultation and mediation without
recourse to Panels and the Appellate Body.
The DSU provides for good offices,
conciliation and mediation on a voluntary
basis if the parties to the dispute agree.
Iran/USA hostage dispute – mediation
pursued by Algeria, a move that averted a
potential war.
Falkland Island’s dispute in 1982 –
mediation by US followed by UN
Secretary General
Breakup of Yugoslavia (1991-1995) –
mediated by EU, UN (with EU and US)
In 2008, the former UN Secretary-
General Kofi Annan was involved in
resolving presidential elections dispute in
Kenya - President Mwai Kibaki was
declared the winner of the presidential
election held on December 27, 2007.
Raila Odinga of the Orange Democratic
Movement alleged electoral
manipulation.
9. Islamic mediation
Role of Religion in Conflict
Resolution
One of the most important findings of
cross-cultural conflict resolution research
is that religion is a perennial and perhaps
inevitable factor in both conflict and
conflict resolution.
Religion, after all, is a powerful
constituent of cultural norms and values,
and because it addresses the most
profound existential issues of human life
(e.g., freedom and inevitability, fear and
faith, security and insecurity, right and
wrong, sacred and profane), religion is
deeply implicated in individual and social
conceptions of peace.
Dispute management techniques such as
mediation is not a modern phenomenon,
but instead a concept which permeates the
Bible and Qur’an.
Conflict Resolution in Islam
Islam defines and regulates the relationship
between man and God. That relationship,
together with man's duties to God, is clearly
set out in the Qur'an and has been further
elaborated and clarified in the Sunna.
However, Islam also articulates and
regulates man's relationship with his fellow
men both individually and collectively. It
must therefore also comprehend a legal and
ethical system, as well as principles of social
behaviour. Within the context of dispute
resolution, Islam provides general principles
and an authoritative set of rules and
regulations. It both guides and defines, and
provides the environment for dispute
resolution.
10. ISLAMIC MEDIATION
Definition of mediation (Wassatah)
‘Wasatah’ is the common term for mediation,
and is used in Islamic law.
the common word for mediation in Islamic
law is (Al-Mashyu Bayna Al-Mutanaqisah);
‘walking between the disputants’. As for the
definition of mediation (wasatah), it is a
benevolent and non-binding procedure to end
a dispute. It is characterized by one or more
persons intervening in a dispute either of their
own initiative or at the request of one of the
parties. The independent mediator must then
seek to achieve an amicable settlement by
proposing solutions to the parties
Quranic verses:
The Holy Qur’an lauds all type of
peaceful conflict settlement as long
as they do not contravene Islamic
teachings.
1 Allah says in Surat Al-Nisaa:
In most of their secret talks there is
no good; but if one exhorts to a deed
of charity or justice or conciliation
between men, (secrecy is
permissible): to him who does this,
seeking the pleasure of Allah, We
shall soon give a reward of the
highest (value). (An-Nisaa: 114)
َّالََّْريَخيِفَّيرِثَكنِمََّوْجانَّْمُهاَّالِإَّْنَمََّرَمَأََّصِبَّةَقَدَّْوَأ
َّوفُرْعَمَّْوَأَّحَالْصِإََّْنيَبَّانالَّ ِاسنَم َوَّْلَعْفَيَِّلَذََّك
َاءغَتْباَِّتاَض ْرَمَِّاللََّف ْوَسَفَِّهيِتْؤُناًرْجَأًَّميِظَعا
11. QURANIC VERSES…
• 2 An-Nisaa:35:
• If you fear a breach between a man and his wife, appoint an arbiter from his people and another from hers. If
they wish to be reconciled God will bring them together again. God is all-knowing and wise. (An-Nisaa:35)
• " َّْصِإَّاَدي ِرُيَّنِإَّاَهِلْهََّأْنِاَّمًمَكَح ََّوِهِلْهََّأْنِاَّمًمَكَحَّْاوُثَعْباَفَّاَمِهِنْيَبََّاقَقِشَّْمُتْف َِّخْنِإ َوَِّف َوُيَّاًحَالاًيرَِِخَّاًميِلَعََّانَكَََّّاللانِإَّاَمُهَنْيَبََُّّاللِق"
• 3 An-Nisaa:128
• If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an
amicable settlement between themselves; and such settlement is best; even though human inner-selves are
swayed by greed. But if ye do good and practise self-restraint, Allah is well-acquainted with all that ye do.
(An-Nisaa: 128)
• " ََّمُهَنْيَبَّاَحِلْصُيَّنَأَّاَمِهْيَلَعََّحْاَنُجََّالَفَّاًضا َْرعِإَّ ْوَأَّاًوزُشُنَّاَهِلْعَبَّنَِّم ْتَفَاخٌَّةَأ َرَّْامِنِإ َوا َاَّوًحْلُصَّاَّْحُتَّنِإ ََّواحُّشَّال ُسُفنَألَِّات َر ِضْحُأ ََّوٌْريَخَُّحْلُّصلَّْاوُنِس
اًيرَِِخََّونُلَمْعَتَّاَمِبََّانَكَََّّاللانِإَفَّْاوُقاتَت َو"
• 4 Al-Hujurat: 9
• And if two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them
transgresses beyond bounds against the other, then fight ye (all) against the one that transgresses until it
complies with the Command of Allah; but if it complies, then make peace between them with justice, and be
fair: for Allah loves those who are fair (and just). (Al-Hujuraat: (Al-Hujurat: 9).
• " َُّ ْىَّاألَلَعَّاَمُهاَدْحِإَّ َْتغَبَّنِإَفَّاَمُهَنْيَبَّواُحِلْصَأَفَّواُلَتَتْقَّاَينِنِمْؤُمَّْالَنَِّمِانَتَفِئاَطَّنِإ َوَُّلِتاَقَفَّى َرْخََّفَّنِإَفَِّ اَّالل ِرْمَأَّىَلِإََّءيِفَتَّىاتَحَّيِغَِْتَّيِتاواَّالَّواُحِلْصَأَفَّ ْاءت
ََّينِِطسْقُمَّْالُّب ِحُيََّ اَّاللانِإَّواُطِسْقَأ ََّوِلْدَعْالِبَّاَمُهَنْيَب"
12. MEDIATION BY PROPHET
MUHAMMAD
Some narratives:
Beside these verses Hadiths of the Prophet (SAAS) are
loud in supporting peaceful settlement. The Prophet
says:
1. Should I inform you of something that is higher in
virtue than fasting, praying and charity?’ They said, ‘Yes
O Messenger of God.’ Then the Prophet said ‘To make
reconciliation between peoples that are in conflict:
Enmity and malice tear up heavenly rewards by the
roots.’
"َّألَّأخِركمَّبأفضلَّمنَّدرجةَّالصيامَّوَّالصالةَّوَّالصدقةَّ؟َّإصالح
ذاتَّالِينَّفإنَّفسادَّذاتَّالِينَّهيَّالحالقة"
He says in another hadith:
2. Conciliation between Muslims is permissible, except
for a conciliation that makes lawful unlawful and
unlawful lawful.
Some practices :
the reconstruction of the Ka‘ba. the
placing of the Black Stone (Hajar al-
aswad) into the building.
the Treaty of Hudaibiyah.
The Madinah Constitution which
was enacted by Prophet (peace be on
him), included in it provisions on
conciliation to settle any disputes
emanating from the groups of people
in Madinah.
13. FORMS OF ISLAMIC MEDIATION:
Islamic mediation itself commonly takes three forms.
First, each conflicting party may select a “mediator” to effect an agreement in their
stead. Essentially, this model allows for each side to employ a presumably more
professional, clearheaded negotiator to reach an agreement. Although this kind of
mediation is most common for marriage contracts, it is not unknown in commercial
dispute resolution.
Second, conflicting parties may select a single mediator to engage in a more
conventional mediation process by western standards. Traditionally, this kind of
mediation was considered a judicial function and so Muslims tended to select judges as
their mediators. However, the overriding reason for the predominance of judges in
mediation was not their official position but rather their recognized ability to successfully
resolve disputes.
Third, conflicting parties may seek an opinion on their issue from a respected legal
expert (mufti). After hearing a controversy, this expert engages in a process (ifta) of in-
depth legal research to find all the applicable substantive legal rules on the subject. The
muftiis then expected to present a report detailing their research and its application to the
conflict. Although a mufti’s opinion is not legally binding, it has substantial weight in
14. LIMITATIONS ON MEDIATION:
• Mediation is not available in cases where the law is clear and explicit
e.g. Rasullulah’s rejection of the mediation of Usamah Ibn Zaid,
whose honorific was ‘the loved one of Allah's Messenger’, in the case
of the Makhzumi women to avoid the punishment of theft.
Rasulullah’s reply to the request of Usamah Ibn Zayed was stern: “Do
you intercede regarding one of the punishments prescribed by Allah?
He then stood up and addressed the people: “O people, those who have
gone before you were destroyed, because if any one of high rank
committed theft amongst them, they spared him; and if anyone of low
rank committed theft, they inflicted the prescribed punishment upon
him…
15. Conclusion
• Islam as an everlasting religion applicable for all mankind and suitable to all times
and places has two important characteristics absorbing and solving all incidents
that may encounter Muslims Ummah: the first on is comprehensiveness; and the
second one is flexibility. As such all types of mediation and all procedures applied
by the mediators to end a dispute and reach a fair settlement of conflicts are
welcomed as long they do not contravene Islamic principles and fundamentals.
Islam did not merely encouraged peaceful conflict settlement, but introduced a
systematic and time-space consideration approach to end conflicts, however, Islam
while preserving the openness of Shari’ah law to the impact of time and space
dimension, also protects it from the influence of contradictory norms and laws of
non Islamic provenance, or from the renunciation of fundamental of Islamic Law
under the justification of time and space factor, or the pressure of globalization
and international law. It is this concept of Islam which has been widely practiced
in the Islamic world all along has percolated to the western continent for effective
disputes resolution and to maintain peace in the society.