The Islamic Approach to Mediation
- Introduction
In Islam, there are always rewards for good deeds and resolving a dispute among individuals recognised as of commendable act. It may be a dispute between relatives, friends, or office colleagues. The nature of the dispute can vary as it can be a family dispute, a business dispute or even a state dispute, and as the world is developing, so are the conflict forms also increasing, i.e environmental, economic, and technological.
- Foundations of Dispute Resolution in Islam
Before commencing the judicial system in Islam, there were foundational and profound means i.e. mediation (Wasaata), arbitration (Tahkim) and conciliation (Sulh) for dispute resolution. These mechanisms for dispute resolution are grounded in the Quranic injunctions, Prophetic practices, and classical schools of thought. Each mechanism reflects the values of understanding, the importance of social harmony and moral integrity in addressing grievances.
- Conceptual Definitions
Clarifying the above terms by defining them to ensure the concept and precise understanding. There are several definitions and opinions of different jurists, but a common definition can be extracted for the above terms.
Conciliation, named “Sulh” as defined in Islamic terminology, is the act of reconciling and making peace to settle disputes between opponents by adhering to prescribed conditions. Mediation or Wasaata, it is characterised by one or more persons intervening in a dispute either of their own initiative or at the request of one of the parties. The independent mediator must then seek to achieve an amicable settlement by proposing solutions to the parties. For some jurists, Wasaata and Sulh are similar but there is a slight difference.
Tahkeem, also known as Arbitration, the word is derived from the root ‘hakama’ which means to delegate to someone the decision making, or the making of legal rules. As for the technical definition of arbitration, it is defined as “the appointment of a judge or judges by the disputed parties to adjudicate a certain dispute or issue”. It is also defined as “a contract between two conflicting parties where they freely choose an arbitrator to end their dispute.”
- Quranic Basis of Mediation and Conciliation
There are verses in the Quran where mediation and negotiation can be found as good deeds. These verses highlight how engaging in dialogue and seeking resolution through understanding and creating harmony and goodwill in society.
And if two parties of the Muslims fight, make them reconcile. (Al-Hujurat 49:09)
This Qur’anic verse emphasises that reconciliation is a collective responsibility, so if a dispute arises that should be resolved through reconciliation. Meaning that, reconciliation is linked with justice, peace and unity among the community, and neutral parties should resolve the arisen dispute.
The believers are but brothers, so make a settlement between your brothers. (Al-Hujurat 49:10)
In this verse, the Holy Quran establishes the relationship among the people to make a settlement as an active responsibility. When disagreements arise, mediators should restore relations as we resolved as a family dispute to protect the unity, truth and shared responsibility in the family. That’s why disputes should be dealt with as a family conflict not as a power struggle or exterior attack.
And reconciliation is better. (Al-Nisa 4: 128)
Ending relationships with the spouse doesn’t mean that conflict will end at once, but it will enhance more with the cut relationships. Therefore, when the dispute arises, the mediation process should be initiated as early as possible. In this verse, Islam also encourages compromise without injustice and prefers reconciliation over confrontation with mutual consent.
If you fear a breach between them (husband and wife) appoint two arbiters, one from his family and the other from hers. If they wish for peace, Allah will cause their conciliation, for Allah hath full knowledge, and is acquainted with all things. (The Qur’an, al-Nisa: 35)
The Islamic way of mediation also recognises the appointment of the mediatorswhen a serious matrimonial dispute arises. Islam guides the arbitrators from each family for the reconciliation who know the couple; So, both spouses will feel represented in the mechanism. Hence, like modern-day mediation, Islam also prescribed the criteria for the mediatorsto reduce bias and power imbalance.
There is no good in most of their secret talks save (in) him who orders sadaqa (charity in Allah’s cause, or ma’aruf (good deeds), or conciliation between mankind, and he who does this seeking the good pleasure of Allah, We shall give him a great reward. (The Qur’an, al-Nisa’: 114)
Among the three kinds of private action, Allah Almighty commended reconciliation between people to prevent the conflict from spreading and maintain the highest social virtues. As reconciliation can also be used for power, therefore, Allah imposes a duty on the mediators that mediation should be based on sincerity, justice and supplication. Thus, vision, mission and objectives shall be the Allah’s pleasure, not the individual gain.
- Mediation in the Sunnah
After Quranic verses, it is important to note that we must seek the teachings from Prophet Muhammad (P.B.U.H) for the right direction and guidance. Here are some teachings and practices that have been reported in the life of Hazrat Muhammad (P.B.U.H) regarding mediation and negotiation, and how important in our daily life.
It is narrated from Hazrat Abu Darda (R.A) that once the Holy Prophet (P.B.U.H) addressed the companions and said: “Shall I not tell you something better than fasting, prayer and zakat? The companions said: O Messenger of Allah! He said: “Make peace among yourselves” Muslim Bin Hajjaj, Shahih AL Muslim, Kitab-ul Adaab, V:2, P: 457, Hadith: 6358.
Although fasting, prayer and zakat are the basic pillars of Islam. However, in this hadith, the word ‘better’ was used, not to reduce the rewards of these basic pillars, but to enhance the importance of reconciliation between people by saying ‘Make peace among yourselves’. Therefore, it is acknowledged that mediation is not just an act of faith, but an act of worship.
There is an addition in the narration of Sahih Muslim, saying: “that I did not hear him permitting lying in anything except in three (things): the war, reconciliation between people, and what a man says to his wife and what a woman says to her husband.
Muslim Bin Hajjaj, Shahih AL Muslim, Kitab-ul Adaab, V: 2, P:456, Hadith: 6351.
Like modern-day mediation, the Islamic way of mediation also avoids divisions through conflicts and prioritises bringing people together. For making a useful relationship, this tradition of Sunnah creates an exception and does not expressly bar telling lies, even though telling lies is forbidden in Islam. Therefore, for a greater good, particularly for reconciliation between people, speaking a white lie is permissible.
It is reported that the Prophet Muhammad (P.B.U.H) said:
“Sulh is permissible among the Muslims except for the one who makes the unlawful as lawful and who makes the unlawful as lawful. Muslims are bound by their promises except promises that permit the unlawful as lawful and the lawful as unlawful.”
(Abu ‘Isa Muhammad bin Isa, Kitab al-Ahkam, in Al-Jam’e al-SaÍiÍ wahuwa Sunan al-Tirmidhi, Dar al-Fikr, (n.d), vol.3 hadith 1352.)
This tradition of the holy prophet encourages the application of Sulh for the peaceful settlement of disputes. In order to make it a legitimate Islamic process, the dispute resolution mechanism shall be based on the legal principles that are inherently lawful. Therefore, like the modern-day mediation, the Islamic way of mediation also invalidates the settlement if it legalises wrongdoing.
The perfect Muslim is the one whose hands and tongue protect the entire humanity, and the perfect believer is the one who protects the lives and wealth of humanity.
Muslim Bin Hajjaj, Shahih AL Muslim, Kitab-ul-Aklaaq, P: 306, Hadith: 2355
Whether it involves mediation, conciliation, or negotiation, everyone plays a crucial role in the process. Whether you are a mediator or one of the parties involved, it is important to be mindful of your tone and choice of words. This is essential to avoid causing harm or creating drastic consequences for each other. Likewise, the hand also represents actions and power. So, when mediation is initiated, it is the duty of mediators and parties to avoid harmful speech and action during the resolution process. This hadith also encourages the same by prioritizing peace over ego and ensuring justice through a safe environment and calm hearts.
- Prophet Muhammad (P.B.U.H) as Mediator and Arbitrator
These traditions illustrate that mediation is important to Islamic conflict resolution, as Hazrat Muhammad (P.B.U.H) demonstrated. Consistently, Muhammad (PBUH) directly mediated and arbitrated disputes. He was called “the Faithful One” (al-Amin) for his honesty, which helped the Prophet mediate conflicts in Mecca. Every community in Yathrib (Medina) chose him as the mediator between the tribes.
- The Black Stone (Hajr-e-Aswad) Mediation Incident
One of his notable interventions pertained to the relocation of the Black Stone from the Kaaba, during which he was the sole individual trusted by the three principal Meccan tribes to arbitrate their contention regarding who would bear the honour of moving the Black Stone. His mediation and problem-solving abilities motivated him to propose that they jointly move the stone by laying it onto his cloak. The Prophet Muhammad (P.B.U.H) is commonly cited as the inspiration for several mediation activities that are carried out all across the Muslim world. These initiatives are founded on Islamic principles and goals that are derived from the Qur’an and hadith.
- Treaty of Hudaybiyyah: A Model of Peaceful Negotiation
As preventing disputes is an Islamic goal. The Holy Prophet (P.B.U.H) has advised to resolve the conflict through dialogue and agreements. This is the reason why many conflicts that used to lead to great destruction ended through the dialogue policy of the Holy Prophet (P.B.U.H). The Quraish were always ready to make a conflict with the Muslims of Makkah. Holy Prophet (P.B.U.H) expressed his desire to go to Makkah for Umrah, and then fourteen hundred companions would also be ready to go to Makkah with him. When the Muslims reached the place of Hudaybiyyah, the Quraish of Makkah forbade the Holy Prophet (PBUH) and his companions from entering Makkah. Muslims also told Quraish the reason for coming to Makkah, but Quraish did not accept it. This behaviour of the Quraish of Makkah made the Muslims very angry, and the Muslims were ready to fight with them. Holy Prophet (P.B.U.H) avoided fighting and preferred dialogue to end this conflict. Therefore, through this mutual dialogue, the Holy Prophet (PBUH) made a historic agreement of peace with the Quraish of Makkah for ten years.
- Contemporary Relevance of Islamic Mediation
This is what Ahmar Bilal Sufi has discussed in his book “Quranic Covenant: An Introduction”, by mentioning the specific covenant “Covenant with Voluntary Arbitrators and Mediators”. One should not wait to be appointed as a mediator or arbitrator because Allah Almighty has promised a reward for it. As international institutions, states and the legal system have also been working on the development and implementation of the ADR mechanism for dispute resolution across the world.
The views expressed in this article are solely those of the author and do not necessarily reflect the views of The Opinion Desk.
