Cookies?
Library Header Image
LSE Research Online LSE Library Services

Sulh: a crucial part of Islamic arbitration

Al-Ramahi, Aseel (2008) Sulh: a crucial part of Islamic arbitration. LSE law, society and economy working papers (12-2008). Department of Law, London School of Economics and Political Science, London, UK.

[img]
Preview
PDF
Download (323kB) | Preview

Abstract

Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objective in conflict settlement is collectivity. Group solidarity is explored in this paper and its effect on dispute resolution is examined. The paper looks at the differences between East and West and shows that the Eastern party has an intrinsic community and a collective attitude to conflict whereas the Western party is individually minded and procedurally orientated, thus causing friction between the two sides. The distinctions between them relate to the perceptions of conflict, the formation of procedure and the status and function of the third party intervener. International commercial arbitration is sufficiently equipped to accommodate those two norms if it is used effectively.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/wps1.htm
Additional Information: © 2008 The Author
Divisions: Law
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Date Deposited: 28 Jul 2009 10:45
Last Modified: 13 Sep 2024 20:07
URI: http://eprints.lse.ac.uk/id/eprint/24598

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics