تحکیم کی مشروعیت ،حکمت واہمیت

Condition of Tahkim, its importance and significance

Abstract

Allah Almighty has endowed human nature with the attribute of tanafs (going ahead of each other) and dominating (overcoming each other) which lead human beings to mutual strife and disorder.shariat-e Islamia has ordered the establishment of a judicial system to end the feud between the parties and establish justice. There is also permission for mutual reconciliation and consolidation (mediation) between the parties. The term “Tahkeem” in Shari'a is a contract in which two or more persons agree to give one person or more persons the power to resolve a dispute between them, instead of going to a judge. In this research article, the legitimacy of arbitration has been stated in the light of Qur'an and Sunnah. “Tahamule-e sahaba” and previous Shari'ahs has also proved the justification of Arbitration. Also, the wisdom and importance of justification of consolidation has been explained. Islamic law is the easiest way to resolve disputes. And this ease is not as strong in the judicial system as it is in consolidation. As the reconciliation aspect prevails in the settlement, the dispute is settled and the bitterness in the hearts of the parties also goes away. Due to the long court system, financial savings, elimination of hostilities, easy access to arbitrators, observance of Sharia, and cover-up of family issues and other benefits, people prefer to settle their disputes through Arbitration rather than judicial system.