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Peaceful settlement of disputes according to Islam

God al-Hakam

SHAFAQNA | by Mohammad Saeid Taheri Moosavi*: Disagreements and misunderstandings are an integral part of human relations, both socially and internationally. If the cause of the dispute is misunderstanding and cultural differences, etc., it may be acceptable, and in this case these factors should be eliminated, but if the root of the dispute is seeking supremacy, exercising domination, escaping responsibility, etc., it should be reprimanded.
In the international arena, disputes can be considered legitimate and illegitimate. Legitimate disputes are often legal and arise from contractual agreements and obligations, which are more concerned with misunderstandings and interpretations of contracts and treaties that can in principle be resolved through direct or indirect means, even in the most difficult of these disputes, which are border disputes.

Illegal disputes, which form most of the political disputes, are due to non-contractual relations, illegitimate demands of the domination system, and religious and racial supremacy, and so on. It is natural that the resolution of disputes in the latter case is much more difficult and sometimes can only be resolved through conflict, resistance and retaliation.

According to the UN Charter, dispute resolution methods today are divided into political and legal methods: Political methods include: Negotiation, Masaei Jamilah (Using Best Efforts), Mediation, Inquiry and Compromise. Legal procedures consist of arbitration and international courts, the International Court of Justice. Islam basically distinguishes between the nature of differences and to some extent accepts their general classification as legitimate and illegitimate. In the case of disputes, whether legitimate or illegitimate, that may occur between Muslim countries or other countries or even individuals, the general and basic solution of Islam is “negotiation” or a reference to the principle of “Arbitration (Hakamiat)”.

Islam has also offered “Mediation” and “Masaei Jamilah (Using Best Efforts)” in various other cases, but it is natural that at the time of the emergence of Islam, it was difficult to even imagine the formation of international courts, let alone their formation. It was only after the formation of the League of Nations that the idea of ​​forming international organizations and tribunals came to fruition.

Dialogue and Negotiation

In some verses of the Holy Quran, honest dialogue and negotiation, far from prejudice and stubbornness, have been suggested as the solution to many disputes. At the beginning of verse 64 of Surah Aal-e-Imran, it is said:

“O People of the Scripture, come to a word that is equitable between us and you …”.

On this basis, not only is it recommended for mutual understanding and dialogue, but insisting on commonalities can be the key to resolving a wide range of differences. In all verses of the Holy Quran, which begin with the words “Qul” and “Fazakker”, the method of negotiation and dialogue is emphasized. For example, in verse 9 of Surah Al-A’la, it is stated:

“So (always) remind (with the Quran)—(even) if the reminder is beneficial (only to some)”.

In the view of some pagans in verse 80 of Surah Al-Baqarah, Prophet (PBUH) argue and talk with them, to lead them to the truth of religion,

“And they say: “The Fire (on the Day of Resurrection) shall not touch us but for a few numbered days”. (We will burn as much as our sins, then we will leave it in order to go into Paradise). Say: “Have you taken a covenant from Allah (SWT), so that Allah (SWT) will not break Divine Covenant? Or do you speak against Allah (SWT) what you do not know”?”

There are many cases in the history of Islam that show that these conversations of the Prophet (PBUH) with dissidents eventually led to the guidance of many of them. In addition, the main task of the Prophet (PBUH) was to tell the truth and talk to others in this regard:

“So remind them — you are only one who reminds. You are not a Musaytir (over them) meaning, “O Muhammad! Remind the people with what you have been sent with to them.” (Quran 88:21-22)

Regarding dialogue in Islam, the book “Principles and etiquette of dialogue in Islam” based on the Holy Quran and the Prophet’s (PBUH) Sireh (practical behavior of prophet (PBUH)), while defining dialogue and defending the originality of dialogue in Islam, pointed out some basic principles extracted from the text of Islam that must be observed in conversations and we will mention some of them here with changes:

1. Adopting the correct method:

“(O Prophet), call to the way of your Lord with wisdom and goodly exhortation,122 and reason with them in the best manner possible.” (Quran 16:125)

2. Citing reasons instead of claiming:

“Among the people are those who dispute concerning Allah (SWT) without any knowledge or guidance, or an enlightening Book.” (Quran 22:8)

3. Consensus on fixed views and indisputable propositions:

“This is the Book of Allah (SWT), there is no doubt in it; it is a guidance for the pious.” (Quran 2:2)

4. Not resorting to deviant topics:

“Turning away (in pride) to lead (others) astray from Allah’s (SWT) Way.” (Quran 22:9)

5. Conversation Considering Cultural Differences:

“We did not send any messenger but (speaking) in the language of his people, so that he might clearly convey the message to them.” (Quran 14:4)

6. Reference of Ignorant person to the Scholars and Non-specialist to Specialist to discover the truth:

“Moses said to him, “May I follow you, provided that you teach me some of the right guidance you have been taught?” (Quran 18:66)

7. Observance of patience and endurance in controversy and debate:

“Moses said: “You will find me patient, Allah Willing, and I will not disobey any of your orders.” (Quran 18:69)

Certainly, the rules of negotiation and dialogue are more than these, but the observance of these few principles along with the observance of neutrality, non-contradiction, accuracy in reasoning, observance of ethics and politeness, acknowledgment of the truth that comes out of the other side, forgiveness in controversy and etc., can create a special scientific and spiritual atmosphere in which people listen to different words and ponder on them and choose the best of them:

“So announce the good news to My servants. Those who listen to the Word and follow the best thereof, those are (the ones) whom Allah (SWT) has guided and those are men of understanding.” (Quran 39:18)

Masaei Jamilah (Using Best Efforts) and Mediation

What is enshrined in contemporary international law are two peaceful ways of resolving disputes in the event of the failure of direct negotiations: Masaei Jamilah (Using Best Efforts), which take place without the request of the parties to the conflict and for the sake of peace, benevolence or even the preservation of some common resources, And Mediation which takes place at the request of one or more disputed parties. According to Verse 9 of Surah Al-Hujurat, which we mentioned as a proof of Islam’s emphasis on the originality of peace, in times of disputes, especially among believers, which can also be considered for the believers of different Abrahamic religions, Islam has recommended Mediation as well as Masaei Jamilah (Using Best Efforts):

“And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah (SWT). And if it returns, then make settlement between them in justice and act justly. Indeed, Allah (SWT) loves those who act justly.”

This verse emphasizes both the Mediation requested by the parties and Masaei Jamilah (Using Best Efforts), which is an effort without the invitation of the parties to the dispute, because using the first “Faaslihoo (then make peace)”, the appearance in the speech does not indicate the request of the parties, rather, Muslims should get involved in the conflict of the believers and try to establish peace (the principle of appealing to Masaei Jamilah (Using Best Efforts)).

From Verse 10 of the same surah, intervention without the request of the parties to the dispute can be understood:

“The believers are but brothers, so make settlement between your brothers.”

But in the second word of “Faaslihoo (So make peace)” as it appears from the verse, the request for effective intervention of the parties to the conflict causes the practical intervention of Muslims to create a just and definite peace and prevent oppression and aggression. But in Verse 20 of Surah Ya-Sin, the principle of appealing to Masaei Jamilah (Using Best Efforts) to prevent tension and confrontation shows itself in a more obvious way:

“Then from the farthest end of the city a man came, rushing. He advised, “O’ my people! Follow the messengers.”

This verse proves well that human beings must walk in the path of truth and make every effort to establish peace between two groups who are conflicting or are on the verge of conflict. In addition, the principle of Amr-bil-Ma’roof (ordering for acknowledged virtues) and Nahi Anil Munkar (forbidding from sin) (in Verse 110 of Surah Aal-e-Imran) and the principle of cooperating in good and refusing to cooperate in evil and enmity (in Verse 5 of Surah Al-Ma’idah), urge Muslims to take a stand against ugliness and enmity and to do their utmost to establish peace and security.

Arbitration (Hakamiat)

According to the history of Arbitration (Hakamiat), it is said to have a very long history, but in practice, there is no written document that indicates the existence of formal arbitration in a society. By reviewing the available historical texts, we did not find any evidence of a written text on pre-Islamic judgment. What is certain is that the principle of arbitration in legal matters, both public and private, is clearly stated in the Holy Quran.

In the field of private law, in the potential difference between the couples, Islam recommends that arbitration should be taken between them before making any decision:

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah (SWT) will cause it between them. Indeed, Allah (SWT) is ever Knowing and Acquainted [with all things].” (Quran 4:35)

But on public law and political issues and in the face of the conflicting parties, whether the People of the Book (believers) or others, it is stated in Verse 42 of Surah Ma’idah:

“They eagerly listen to falsehood and consume forbidden gain. So if they come to you (O Prophet), either judge between them or turn away from them. If you turn away from them, they cannot harm you whatsoever. But if you judge between them, then do so with justice. Surely Allah (SWT) Loves those who are just.”

This verse emphasizes the principle of arbitration and gives it formal legitimacy. In Verse 65 of Surah An-Nisa’, it is also emphasized that the opponents of the Prophet (PBUH) will accept him when they consider his judgment and believe in his holy souls:

“But no! By your Lord, they will never be (true) believers until they accept you (O Prophet) as the judge in their disputes, and find no resistance within themselves against your decision and submit wholeheartedly.”

In Islam, he is called the Arbitrator, and he is the one who is chosen by the parties to the dispute, and any person whom the parties, aware of his circumstances, have chosen to arbitrate can be the Arbitrator, and his vote will be obeyed in any case. From the above Verses, some principles can be proposed in relation to Arbitration (Hakamiat):

1. Acceptance of the principle of Arbitration (Hakamiat) and the Arbitrator must be done by the parties to the dispute,

2. The Arbitrator must judge impartially,

3. The Arbitrator must judge on the basis of justice and instalments,

4. The principle is to accept the Arbitrator’s vote and it is not permissible to violate it.

5. If the Arbitrator does not observe impartiality and the necessary conditions for arbitration, his verdict will not be valid.

*Dr. Mohammad Saeid Taheri Moosavi is a specialist in Public Law and Political Sciences. This article is written for Shafaqna French and translated by Fatemeh Aghaei for Shafaqna English.

Islamic International Law: Formation & Development

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