Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation

Abstract

The subject of this study is alternative dispute resolution (ADR), namely the methods of ADR in Muslim law. The author examines in detail the methods of ADR regulated by Islamic law, such as Sulkh, Tahkim, Muhtasib, Fatwa, Med-Arb, as well as Wali Al-Mazalim, which is not currently used, but is of interest in the framework of the study. Also in the course of the study, the experience in regulating the ADR of a country like Malaysia is touched upon, in particular, aspects of regulating such methods as Sulh and Tahkim are touched upon. In the course of the study, the methods of ADR in Muslim law are compared with similar institutions in other legal systems. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative dispute resolution mechanisms in Islamic law and considers the possibilities of their application in Russia, as well as discusses problems related to this issue. The answers to these questions can become the basis for further development of legal science in the field of alternative dispute resolution methods, as well as find application in real life to reduce the burden on the courts, as well as for cross-cultural application in various fields, including with Islamic banking institutions. The main conclusions of this study are the possibility of applying Sharia law to regulate ADR, as well as a proposal to increase the possibilities of using ADR in court cases by creating a state mediation center and creating categories of cases in which the use of mediation in such a center will be a prerequisite for further consideration of the case.