Islamic ethics for mediation: a maqāṣidic analysis

Amanullah, Muhammad (2018) Islamic ethics for mediation: a maqāṣidic analysis. The Islamic Quarterly, 62 (1). pp. 193-205. ISSN 0021-1842

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Abstract

Courts all over the world are overwhelmed with so many different kinds of cases that resolution of disputes for them takes long periods of time. Additionally, the resolution of these cases is costly. Therefore, dispute resolution outside the court--which is less costly and takes less time—is used alternatively.An important mode of this resolution is mediation. Many organizations have been established for mediation. These organizations have developed their code of ethics for mediation. Islam also prescribes numerous ethics for mediation. Using descriptive and analytical methods, and based on certain Qur’ānic verses and aḥādīth of the Prophet (pbuh), this paper intends to discuss certain important ethics of mediation in the light of the higher objectives of Sharī‛ah (maqāṣid al- Sharī‛ah).This paper may conclude that implementation of Islamic ethics for mediation causes preservation of higher objectives of Sharī‛ah. On the other hand, neglecting these ethics may cause destruction of these objectives.

Item Type:	Article (Journal)
Additional Information:	3031/68169
Uncontrolled Keywords:	Mediation, Islamic ethics, dispute resolution, higher objectives of Sharī‛ah
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof Muhammad Amanullah Amanullah
Date Deposited:	07 Dec 2018 17:32
Last Modified:	13 Feb 2019 17:36
URI:	http://irep.iium.edu.my/id/eprint/68169

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