Author: Dr. Muhammad Zia-ur-Rahman A‘zami (رحمه الله)
Question:
Can a Muslim be appointed as an arbitrator between two Muslims in disputes such as divorce, khulʿ, or commercial matters? And would the decision of the arbitrator be binding and obligatory to enforce upon the disputing parties?
Answer:
If the arbitration is carried out with the purpose of reconciliation and amicable settlement, then accepting and adhering to it is recommended (mustahabb). This is because it leads to the purification of hearts from malice, hatred, envy, and the desire for revenge.
However, if the arbitration falls under the category of judicial decision-making (taḥkīm), and the arbitrator possesses the necessary knowledge and insight to issue a sound judgment, then:
✔ His decision becomes binding upon both parties,
✔ And it is obligatory to implement the ruling.
[اللجنة الدائمة: 19504]
❖ Is Acceptance of an Arbitrator’s Decision Obligatory?
Question:
Can a Muslim be appointed as an arbitrator between two Muslims in disputes such as divorce, khulʿ, or commercial matters? And would the decision of the arbitrator be binding and obligatory to enforce upon the disputing parties?
Answer:
If the arbitration is carried out with the purpose of reconciliation and amicable settlement, then accepting and adhering to it is recommended (mustahabb). This is because it leads to the purification of hearts from malice, hatred, envy, and the desire for revenge.
However, if the arbitration falls under the category of judicial decision-making (taḥkīm), and the arbitrator possesses the necessary knowledge and insight to issue a sound judgment, then:
✔ His decision becomes binding upon both parties,
✔ And it is obligatory to implement the ruling.
[اللجنة الدائمة: 19504]
