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Islamic Law and International LawPeaceful Resolution of Disputes$
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Emilia Justyna Powell

Print publication date: 2020

Print ISBN-13: 9780190064631

Published to Oxford Scholarship Online: November 2019

DOI: 10.1093/oso/9780190064631.001.0001

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A Theory of Islamic Peaceful Resolution of Disputes

A Theory of Islamic Peaceful Resolution of Disputes

Chapter:
(p.125) 4 A Theory of Islamic Peaceful Resolution of Disputes
Source:
Islamic Law and International Law
Author(s):

Emilia Justyna Powell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190064631.003.0004

The theory of Islamic Peaceful Resolution of Disputes discusses four distinct legal features that define Islamic law states’ most preferred form of social interaction: a unique logic of Islamic justice, nonconfrontational dispute settlement (sulh), collective embeddedness of the third party, and incorporation of Islamic religious principles into the resolution process. The chapter describes characteristics of negotiations, international non-binding (conciliation, mediation) and binding methods (arbitration, adjudication). Islamic law states engage in forum shopping because of uncertainty associated with dispute resolution. Their preferences toward international resolution methods are not constant across space and time, but depend on the balance between Islamic law and secular law in their domestic legal systems. ILS whose legal systems are deeply infused with tenets of Islamic law embrace international settlement venues that resemble traditional Islamic law: conciliation and mediation. States whose domestic legal systems embrace secular features are drawn to binding resolution methods: arbitration and adjudication.

Keywords:   Islamic dispute resolution, sulh, mediation, international courts, nonconfrontational dispute settlement, Islamic justice, forum shopping, uncertainty, binding resolution methods, embeddedness of third party

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