Islam Sharia And Alternative Dispute Resolution

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Islam, Sharia and Alternative Dispute Resolution

Author : Mohamed M. Keshavjee
Publisher : Bloomsbury Publishing
ISBN 13 : 0857733796
Total Pages : 292 pages
Book Rating : 4.8/5 (577 download)

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Book Synopsis Islam, Sharia and Alternative Dispute Resolution by : Mohamed M. Keshavjee

Download or read book Islam, Sharia and Alternative Dispute Resolution written by Mohamed M. Keshavjee and published by Bloomsbury Publishing. This book was released on 2013-06-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

Women’s Shariah Court-Muslim Women’s Quest for Justice

Author : Dr. Noorjehan Safia Niaz
Publisher : Notion Press
ISBN 13 : 1945688807
Total Pages : 140 pages
Book Rating : 4.9/5 (456 download)

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Book Synopsis Women’s Shariah Court-Muslim Women’s Quest for Justice by : Dr. Noorjehan Safia Niaz

Download or read book Women’s Shariah Court-Muslim Women’s Quest for Justice written by Dr. Noorjehan Safia Niaz and published by Notion Press. This book was released on 2016-08-03 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Would it be easy to imagine a court where justice is dispensed not by women and men wearing black flowing gowns but by ordinarily dressed, uneducated women? Muslim women living in slum communities of Mumbai took upon themselves the job of providing legal aid to other distressed women. Need for justice is as crucial as other needs, especially for women who face marginalization on a large scale. This book looks closely at the genesis of these groups, their history, their interventions, their motivations and their contributions to women’s movement. The book suggests recommendations for strengthening alternative dispute resolution forums where justice will be dispensed not by learned lawyers but by ordinarily dressed unlettered women. These women, through their innate sense of justice reaches out passionately towards other equally battered women and together they journey towards a life of dignity.

Modern Perspectives on Islamic Law

Author : E. Ann Black
Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 319 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black

Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Dispute Resolution in Islamic Finance

Author : Adnan Trakic
Publisher : Routledge
ISBN 13 : 1351188895
Total Pages : 196 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Dispute Resolution in Islamic Finance by : Adnan Trakic

Download or read book Dispute Resolution in Islamic Finance written by Adnan Trakic and published by Routledge. This book was released on 2019-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell

Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

A Geo-Legal Approach to the English Sharia Courts

Author : Anna Marotta
Publisher : BRILL
ISBN 13 : 9004473092
Total Pages : 317 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta

Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press
ISBN 13 : 0190064641
Total Pages : 352 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell

Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press. This book was released on 2019-10-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.

Understanding Sharia

Author : Raficq S. Abdulla
Publisher : Bloomsbury Publishing
ISBN 13 : 1786724057
Total Pages : 270 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis Understanding Sharia by : Raficq S. Abdulla

Download or read book Understanding Sharia written by Raficq S. Abdulla and published by Bloomsbury Publishing. This book was released on 2018-04-30 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.

Debating Sharia

Author : Anna Korteweg
Publisher : University of Toronto Press
ISBN 13 : 1442694424
Total Pages : 417 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Debating Sharia by : Anna Korteweg

Download or read book Debating Sharia written by Anna Korteweg and published by University of Toronto Press. This book was released on 2012-05-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.

Islam and Conflict Resolution

Author : Ralph H. Salmi
Publisher : University Press of America
ISBN 13 : 9780761810964
Total Pages : 236 pages
Book Rating : 4.8/5 (19 download)

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Book Synopsis Islam and Conflict Resolution by : Ralph H. Salmi

Download or read book Islam and Conflict Resolution written by Ralph H. Salmi and published by University Press of America. This book was released on 1998 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and Conflict Resolution investigates and analyzes those aspects of Islam that deal with international law and peaceful resolution of conflict in an attempt to bridge the gap between the Western and Islamic worlds. The authors seek to expose the common ground that exists between the beliefs of Islam and those of the Judeo-Christian religions that influence action in the modern world. Most importantly, they seek to clarify the Muslim belief that conflict is not permanent or unavoidable, pointing out that Islam offers many recommendations for reducing conflict at various levels of personal and interstate relations. The book encourages an intellectual effort on both sides for education that will lead to a definite understanding of each other's world so as to lead to fair treatment in policymaking and journalism as well as an end to hostility between the Muslim and Judeo-Christian worlds.

Sharia Transformations

Author : Michael G. Peletz
Publisher : Univ of California Press
ISBN 13 : 0520974476
Total Pages : 307 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Sharia Transformations by : Michael G. Peletz

Download or read book Sharia Transformations written by Michael G. Peletz and published by Univ of California Press. This book was released on 2020-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Sharia Tribunals, Rabbinical Courts, and Christian Panels

Author : Michael J. Broyde
Publisher : Oxford University Press
ISBN 13 : 0190640286
Total Pages : 313 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Sharia Tribunals, Rabbinical Courts, and Christian Panels by : Michael J. Broyde

Download or read book Sharia Tribunals, Rabbinical Courts, and Christian Panels written by Michael J. Broyde and published by Oxford University Press. This book was released on 2017 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Islamic Divorce in North America

Author : Julie Macfarlane
Publisher : Oxford University Press
ISBN 13 : 0199908818
Total Pages : 336 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Islamic Divorce in North America by : Julie Macfarlane

Download or read book Islamic Divorce in North America written by Julie Macfarlane and published by Oxford University Press. This book was released on 2012-04-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

Gender and Justice in Family Law Disputes

Author : Samia Bano
Publisher : Brandeis University Press
ISBN 13 : 1512600369
Total Pages : 350 pages
Book Rating : 4.5/5 (126 download)

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Book Synopsis Gender and Justice in Family Law Disputes by : Samia Bano

Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by Brandeis University Press. This book was released on 2017-05-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Asian Indigenous Law

Author : Chiba
Publisher : Routledge
ISBN 13 : 1136142029
Total Pages : 256 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Asian Indigenous Law by : Chiba

Download or read book Asian Indigenous Law written by Chiba and published by Routledge. This book was released on 2013-10-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.

ISS 15 Family Law and Australian Muslim Women

Author :
Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522862365
Total Pages : 258 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis ISS 15 Family Law and Australian Muslim Women by :

Download or read book ISS 15 Family Law and Australian Muslim Women written by and published by Melbourne Univ. Publishing. This book was released on 2013-06-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property settlement and inheritance. The book also seeks to provide a timely and significant insight into the carious legal, cultural and social processes that Australian Muslim women use when disputes in these key areas arise.

Mediation and Islam

Author : Pashtana Abedi
Publisher :
ISBN 13 : 9781973249559
Total Pages : 49 pages
Book Rating : 4.2/5 (495 download)

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Book Synopsis Mediation and Islam by : Pashtana Abedi

Download or read book Mediation and Islam written by Pashtana Abedi and published by . This book was released on 2018-03-07 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation in Islam is referred to as sulh, meaning "negotiated settlement", which closely resembles what is known as mediation or faith-based mediations in the West. Sulh grants parties the flexibility to apply their own laws, cultures, and guidelines to their particular circumstances. Mediation & Islam reintroduces sulh processes to communities and tailors them to the community's current needs. Materializing creative solutions and focusing on reconciliation revives Prophet Muhammad's (S) tradition, which emphasizes sulh among the community at large by allowing people to discuss their differences with the help of a third-party neutral. The purpose of this book is to marry concepts within sulh and mediation practices in the West to provide people with a practical and fruitful approach to conflict resolution. In addition, it equips practitioners with tools to assist them in mediating cases that have at least one Muslim party. Mediation & Islam outlines times in which mediation would be used, explains the benefits of using mediation over other legal avenues such as litigation and arbitration, and provides a step-by-step process on how to conduct a mediation from start to finish.