An Analytical Study Of The Necessity, Importance, History, And Legitimacy Of Arbitrate In Human Demography

Abstract

This analytical study examines the necessity, importance, history, and legitimacy of arbitration in human demography. It explores the linguistic and terminological meanings of "Hakum" (arbitrate), the historical evolution of arbitration, and its role in pre-Islamic Arab society. The study highlights how Islam preserved and endorsed beneficial pre-Islamic customs, including arbitration, aligning them with its fundamental teachings. The legitimacy of arbitration is supported through the Quran, Hadith, consensus, and analogy. Furthermore, the research emphasizes arbitration as a swift, cost-effective, and efficient dispute resolution method that prioritizes mutual agreement and reconciliation. Unlike modern legal systems, arbitration decisions are final, preventing prolonged appeals and generational conflicts. This study underscores the wisdom behind the Islamic endorsement of arbitration as a solution to societal disputes.