The Commands, Benefits, And Impacts Of Arbitration In Human Settlements: A Review In The Light Of Islamic Shariah

Abstract

This review explores the commands, benefits, and impacts of arbitration in human settlements within the framework of Islamic Shariah. It analyzes the linguistic and terminological meanings of "حَكم" (arbitration) and compares arbitration (Tahkim) with judgment (Qada) and reconciliation in Islamic law. The study highlights the rulings of arbitration, emphasizing that the decisions made by arbitrators hold the same authority as those made by judges. It also outlines the benefits of arbitration, such as its cost-effectiveness, speed, ease of access, and adherence to Shariah principles. Additionally, the article discusses how arbitration helps avoid prolonged judicial processes and provides confidentiality in family matters. The findings reinforce the significance of mutual consent in appointing arbitrators, showcasing arbitration as a more accessible and flexible alternative to traditional judicial methods in resolving disputes.