Concerning The Application of Mediation in Accordance with Islamic Sharia in Countries That Are Not Governed by Islamic Sharia (Rule and Scope)

Abstract

Islamic law is not based solely on a uniform trial method. The mediation method, which is a more flexible non-court method, is also accepted alongside the trial method as performed by a court and judge. The article discusses the possibility of applying the mediation method as one of the methods for resolving legal disputes in accordance with Islamic law in countries whose judicial system does not rely on Islamic law. In this context, the article examines the provisions and scope for applying the mediation method with respect to Islamic law. Applying this mediation method offers the opportunity to fulfill a religious responsibility in countries not governed by Islamic law. The mediation method contributes to making Islamic law effective, and applying it is important in this respect. With these aims, the article has reached the following conclusions: The scope of mediation does not concern issues related to provisions regarding worship that are outside the scope of jurisdiction. In addition, having the mediation method be within a framework permitted by the country’s legislation is essential, otherwise the application of a parallel judicial method contrary to the country’s legislation is unacceptable in terms of Islamic law as it would lead to undesirable results.

Keywords

• islamic law
• mediation
• judiciary
• non-islamic judiciary
• guardianship of scholars