Citation
Abdull Manaf, Azwina Wati and Shakri, Asfarina Kartika and Mahyut, Siti Marshita (2018) Mediation in Islam. Advanced Science Letters, 24 (7). 5171-5173(3). ISSN 1936-6612|
Text
ijaas-HCMMediationinIslam.pdf - Published Version Restricted to Repository staff only Download (877kB) |
Abstract
Alternative dispute resolution procedures are a way of settling disputes out of court. Such resolutions include arbitration and negotiation. Mediation is also one of the types of alternative dispute resolutions available today. Here, the parties to a suit meet with a neutral third-party, called a mediator, to try and find a mutually acceptable resolution to settle the case. This is available in Islamic law as well. Islamic mediation, or Wasaatah, is well established today. A verse from the Qur’an which is about the process of mediation in a family dispute is Al-Nisaa 4:35, which says, “If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.” This paper is going to analyse the concept of mediation from Islamic perspective and its application in Malaysian context.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Arbitration,alternative dispute,resolution,mediation, sulh |
| Subjects: | K Law > KZ Law of Nations |
| Divisions: | Faculty of Law (FOL) |
| Depositing User: | Ms Suzilawati Abu Samah |
| Date Deposited: | 21 Mar 2021 20:25 |
| Last Modified: | 21 Mar 2021 20:25 |
| URII: | http://shdl.mmu.edu.my/id/eprint/7536 |
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