The document discusses the mediation of international disputes from an Islamic perspective, emphasizing the role of alternative dispute resolution (ADR) methods like mediation in resolving conflicts. It highlights the integration of Islamic principles in conflict resolution, identifying mediation as a benevolent and non-binding procedure supported by both the Quran and Hadiths. The document also details historical instances of mediation in international issues and underscores the significance of religious and ethical frameworks in such processes.

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

2. CONTECTS:
- INTERNATIONAL DISPUTES
- THE CONCEPT OF ADR
- TYPES OF ADR
- MEDIATON IN INTERNATION
CONFLICS
- ISLAMIC MEDIATION
- CONCLUSION

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.

8. ISLAMIC MEDIATION

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.

16. A REAL MEDIATION BY PROPHET
MUHAMMAD(PBUH)