Arbitration is one of the oldest forms of
international adjudication. Similarly, it has been one of the essential
instruments in the peace conflict transformation in Muslim societies, even
before Islam it was used in tribes living in the Arabian Peninsula.
Therefore, in Mecca existed the conference house (dār
annadwah), where the nobles and chiefs of tribes met to discuss and resolve
conflicts between them. Among those conflicts that would end a war between the
tribes, and was resolved through arbitration is the black stone conflict and
the reconstruction of the Ka'ba (house built by Abraham and place of
pilgrimage of Muslims in the present). For five days, the heads of the Arab
tribes were not agree on which of them would put the Black Stone in its place
after the reconstruction of the Ka'ba, until the eldest, Abū Umayya,
proposed by referee to take first person to enter the premises where they were.
By chance, the first to enter was Mohamed (before prophethood), and all accepted
him as referee for his good reputation and be known as Al-Amin (the
faithful). Mohamed ordered them to bring a blanket, put the stone in the middle
and asked each of them to take the blanket from one end and carry it where they
had to put the black stone and he laid it on his place.
It is important to note in this regard that in Quran,
the Prophet Mohamed is considered an arbitrator who is entitled by God to make
peace among believers and they should accept his arbitration as a sign of faith.
Quran says: «But no, by your Lord, they will not [truly] believe until they
call you [Muhammad] to arbitrate in their disputes and then find within
themselves no resentment regarding your decisions, and submit themselves
completely» (Sura 4, verse 65). However, while believers must accept the
prophet as arbitrator, he also accepted the arbitration of the others as Salmi Ralph said «The
prophet had at least twice accepted arbitration: in one case involving the
Jewish clan of Qurayzah, and the other with the Arab tribe of Al ‘Anbar».
Definitely, they are several verses in Quran that
encourage believers to opt for arbitration as a way to transform their conflicts.
Among these situations is the marriage relationship, if this is fear of
separation or divorce between couple, the Quran advises appointing an
arbitrator of each family to reconcile between them. The Qur'an says: «If you
fear a breach between the two, appoint an arbiter from his family and an
arbiter from her family. If they wish to reconcile, God will bring them
together. God is Knowledgeable, Expert» (Sura 4, verse 35).
It should be noted that in Islamic history, there are
several examples of the use of arbitration to transform conflicts. Undoubtedly
the best known example is the famous battle between Ali Ibn Abi Talib;
the fourth successor of the prophet and Mo'awiya, governor of Syria. In
this incident, there were two arbiters-one nominate by each party, which
eventually reached an agreement that gave the caliphate to Mo'awiya.
Finally, from Islamic perspective, God is the ultimate
arbitrator on the judgment day. This is what we can understand from this verse «The
Jews say, "The Christians are not based on anything;" and the
Christians say, "The Jews are not based on anything." Yet they both
read the Scripture. Similarly, the ignorant said the same thing. God will judge
between them on the Day of Resurrection regarding their differences» (surat 2,
verse 113).
Then consider God as a referee judgment day, and the
prophet Mohamed as arbitrator between believers in his life, shows the
importance that Islam gives to this instrument to transform conflicts in which
Muslim peoples are involved.
Dr. Said Bahajin,
Researcher at UNESCO Chair of Philosophy for Peace, Jaume I
University, Castellón, Spain
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