Islamic dispute resolution in the United Kingdom

Islamic dispute resolution is a crucial part of the Islamic legal system, which has very recently gained some publicity in the Western world1 after pressure from minority groups to accommodate different legal structures under the secular and pluralistic Western legal system. Dispute resolution in Islam consists of both arbitration (tahkim) and mediation (sulh), and similar to the Western structures the former is normally binding in nature and the latter is non-binding and conciliatory. However, while the focus in Islam is on the collective and dispute resolution mechanisms which are 'intuitive and informal', the West prefers a 'cognitive and formal' method of dispute resolution.2 Furthermore, the dispute resolution processes in Islam are part of a larger Islamic legal framework, known as Shari'ah, which is a highly complex and varied legal system. It is divided into different schools of jurisprudence, varying interpretations and adapts to changing circumstances and contexts depending on whether Shari'ah is literally construed or liberally interpreted. The interesting question following the theological and historical analysis of Shari'ah and its dispute resolution mechanisms is whether sulh and tahkim can co-exist with Western dispute resolution processes under one legal structure or whether the two systems are mutually exclusive. This chapter will analyse the role of Islamic dispute resolution in the West with a specific case study on the United Kingdom. In this chapter, I will discuss the framework in which Islamic dispute resolution has been construed in the West, as this analysis is important to ensure that Islamic finance disputes are effectively resolved through Shari'ah courts in the United Kingdom.