Mediation in Islam

被引:0
|
作者
Manaf, Azwina Wati Abdul [1 ]
Shakri, Asfarina Kartika Binti [1 ]
Mahyut, Siti Marshita Binti [1 ]
机构
[1] Multimedia Univ, Fac Law, Jalan Ayer Keroh Lama, Malacca 75450, Malaysia
关键词
Alternative Dispute Resolution; Mediation; Sulh;
D O I
10.1166/asl.2018.11297
中图分类号
O [数理科学和化学]; P [天文学、地球科学]; Q [生物科学]; N [自然科学总论];
学科分类号
07 ; 0710 ; 09 ;
摘要
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.
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页码:5171 / 5173
页数:3
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