Islamic Dispute Resolution versus Conventional Alternative Dispute Resolution
Article from: TDM 6 (2022), in Islamic Finance
This Paper sets out to provide a brief introduction to the much under-appreciated and under used Islamic dispute resolution ('IDR') procedure with a view to explaining how it sits alongside conventional Alternative Dispute Resolution ('ADR') methods of dispute resolution. It draws upon the differences and similarities between the two systems. A detailed understanding of the two, it argues, enables one to use IDR dispute resolution processes effectively and efficiently, based on a comprehensive understanding of well-known Islamic legal paradigms, which can prove to be of great utility for ...