Arbitration under the Islamic Sharia
Article from: TDM 1 (2004), in International Commercial Arbitration
In modern history, arbitration is considered one of the most important means for the settlement of commercial disputes, particularly the disputes of international trade and investment. Arbitration (tahkim) is recognised by Islamic Law (Sharia) as a method for the settlement of disputes. It has been provided for and recognized by the four sources of Sharia; the Koran; Sunna (the acts and sayings of the Prophet Mohamed (peace be upon him)); Idjma' (consensus of opinion); and Qiyas (reasoning by analogy). Arbitration has been also used as a means of resolving ...