Islamic Arbitration Offers Timeless Wisdom For Conflict Resolution - Oxford Fellow

By Suraidah Roslan

KUALA LUMPUR, Aug 4 (Bernama) -- The principles of Islamic arbitration, or Tahkim, continue to offer timeless wisdom for contemporary conflict resolution, said a Fellow of the Oxford Centre for Islamic Studies, reflecting on prophetic traditions and classical legal thought to inspire modern practice.

The Exclusive Insight Session began with a powerful reminder: arbitration in Islamic jurisprudence is a voluntary, non-binding contract - one that relies heavily on the goodwill and consent of the disputing parties and the integrity of the arbitrator.

Drawing from Surah An-Nisa, verse 35, Datuk Dr Afifi Al-Akiti highlighted that the Qur'an itself recognises the role of mediators in resolving disputes, stating: "If they both desire reconciliation, Allah will cause it between them. Verily, Allah is All-Knowing, All-Aware."

One of the earliest and most striking examples of Islamic arbitration, Dr Afifi noted, was led by Prophet Muhammad himself when he helped resolve a tribal conflict over the placement of the Hajar al-Aswad, the Black Stone, during the reconstruction of the Kaaba.

"This is the trustworthy one, we are content with him," said Dr Afifi, citing the Quraysh leaders before they unanimously appointed Muhammad as the neutral mediator.

In an elegant solution, he placed the stone on a cloth and invited all four clan leaders to lift it together, averting bloodshed, added Dr Afifi, who is also an official member of the Malaysian National Islamic Council (MKI).

The session also revisited the caliphate of Omar Ibn Al-Khattab, who famously submitted to arbitration after damaging a horse during a test ride.

He allowed the owner to choose a judge – a scholar named Shureh – who ruled that the caliph must pay the full price.

"This showed not just humility, but the flexibility of Islamic arbitration," the speaker said.

Crucially, the audience was reminded that Islamic arbitration offers three clear advantages: parties may choose their judge; the process is usually swifter than litigation; and, most importantly, it preserves confidentiality, unlike open court trials.

The session also delved into the most controversial case of arbitration in Islamic history – the conflict between Caliph Ali and Muawiyah, which escalated into a civil war before a ceasefire was negotiated and arbitrators were appointed from both sides.

"This was a Muslim Game of Thrones," the speaker metaphorised, stressing the stakes were no less than the future of Islamic civilisation.

Ironically, the peace was not achieved by the arbitrators themselves, but rather by Hassan ibn Ali, the Prophet's grandson, who withdrew from contesting Muawiyah's leadership to prevent further bloodshed.

"This was islah in its truest form – a willingness to sacrifice for peace," the speaker added.

The Prophet himself had foretold this moment, saying, "This son of mine will be a Sayyid (leader), and perhaps Allah will bring peace between two great factions of Muslims through him."

Closing the session, Dr Afifi urged modern Islamic arbitration centres to retain these values in their institutional DNA.

"If you cannot choose your judge, if it is no faster, if it is no more private than conventional litigation, then we have betrayed the very reason Tahkim became revered."

"Let us be reminded," he concluded, "that if the parties truly desire reconciliation, Allah will bring harmony between them. But without sincere will, no resolution can emerge – not even from the most brilliant arbitrator."

The full Exclusive Insight Session, titled Reviving the Spirit of Arbitration: Bridging Tradition and Modernity in Islamic Legal Thought, can be viewed at the following link: https://www.youtube.com/watch?v=orZ3eyOsGOU

-- BERNAMA