Islamic Arbitration in Some Selected Countries
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Date
2022
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Department of Private & Property Law, and the Dean of the Faculty of Law, University of Abuja, Nigeria
Abstract
Arbitration has been known since the first stages of the legal thinking of mankind. It has
developed throughout the urban development of mankind and has now reached the flourishing
stages witnessed today both locally and internationally. The systems of ancient communities
were based on the interest of power but these systems did not last long, there were instead
submitted to reconciliation and arbitration. This was due to the authorities of various chiefs who
realized that it was not in their own interest to use force when solving problems because force
generally brought about wars. They decided to find peaceful means to settle dispute. Nations
such as Greece, Rome and ancient Egyptians, use arbitration to settle commercial, financial and
individual disputes. Islamic arbitration also has its roots and procedure in core sources of Islamic
Law and procedure. Islamic commercial law prescribes and supports the use of arbitration in
settling commercial and non-commercial disputes by people in authority. With the growth of
commercial activities, both at local and international level, there have also been a growth in
dispute; therefore, it is important that we study this aspect of the Law. There is an even greater
need of arbitration in Nigeria to help judicial authorities in decongesting our courts and to settle
dispute in an atmosphere that supports commercial friendliness and investment. And since there
are special Laws guiding commercial transaction in Islam, a look at Islamic Law of arbitration
will amiss. This paper, therefore, critically looks at how far the Islamic Law has gone in
addressing modern commercial disputes. The paper also discuss Islamic arbitration in various
countries where it is been practiced in order to show that Islamic arbitration is an international Law
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Abuja Private & Property Law Review 2022, Vol 1