Islamic Arbitration in Some Selected Countries

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