Darul Tahkeem
"Arbitration" (Al-tahkeem ("Arbitration") means to judge or decide a matter. Al-hakam (mentioned in the verse of Qura’n) is the one who has the right to make a ruling and decision for the two in dispute. The meaning of appointing arbitrators in this case is:
"The two disputing spouses appoint two men from their respective families to bring about accord between them and to settle their dispute."
Religious beliefs and traditions are also relevant to conflict control and reduction, including the relevant resources in Islamic law and tradition?
CONFLICT RESOLUTION:
Although conflict is a human universal, the nature of conflicts and the methods of resolving conflict differ from one socio-cultural context to another. Conflict is often perceived as a symptom of the need for change. While conflict can lead to separation, hostility, civil strife, terrorism and war, it can also stimulate dialogue, fairer and more socially just solutions. It can lead to stronger relationships and peace.
The basic assumption made by Western conflict resolution theorists is that conflict can and should be fully resolved. This philosophy, whereby virtually every conflict can be managed or resolved, clashes with other cultural approaches to conflict. Many conflicts, regardless of their nature, may be intractable, and can evolve through phases of escalation and confrontation a s well as phases of calm and a return to the status quo ante. This is why this essay adopts the idea of conflict control and reduction to depict the processes of settlement and reconciliation in the Arab-Islamic tradition.
According to the prominent anthropologist Laura Nader: "Conflict results from competition between at least two parties. A party may be a person, a family, a lineage, or a whole community; or it may be a class of ideas, a political organization, a tribe, or a religion. Conflict is occasioned by incompatible desires or aims and by its duration may be distinguished from strife or angry disputes arising from momentary aggravations."
During the last ten years, more and more voices within the field of conflict resolution have been calling attention to the importance of acknowledgment and forgiveness in achieving lasting reconciliation among conflicting parties. Many of the world's most intractable conflicts involve age-old cycles of oppression, victimization and revenge. These conflicts, which can have dangerous and long-lasting political repercussions, are rooted in a psychological dynamic of victimization. Racism and "ethnic clean sing" are only the most dramatic manifestations of such cycles of victimization and vengeance.
Communication skills are fundamental to conflict resolution. In many cultures, the art of listening is drowned out by arguments and the never-ending struggle to get one's point across first. The opposite of listening is not ignoring; rather, it is preparing to respond. Mediators are trained to listen carefully to all parties involved in a dispute. Active listening is a met hod that ensures that the whole meaning of what was said is understood.
Mediation is another skill used by Western practitioners in conflict resolution. The mediator confronts two basic tasks when involved in settling a dispute. First, he or she has to encourage people to negotiate in such a way that there is an equitable outcome. Second, the mediator has to be completely neutral and place the expertise and power of decision-making in the hands of the conflicting individuals or groups themselves. In addition to mediation in conflict resolution, negotiation is another important tool in Western conflict resolution processes. "Interest-based" negotiation focuses on people's long-term interests, rather than on short-term perspectives, and does not encourage hard or soft types of bargaining (this is the case when one of the parties has to give in or compromise) which usually lead to unsatisfactory "positional" compromises.
Darul Tahkeem, means a platform for Arbitration, Mediation and Negotiation by professionals in all areas of dispute where family heads or friends become fail to settle the dispute.
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Access to Justic is basic Human Right
Different causes and types of conflicts (family, community, and state conflicts) need to be considered, as do indigenous techniques and procedures, such as wasta (patronage-mediation) and tahkeem (arbitration). The rituals of sulh (settlement) and musalaha (reconciliation) are examples of Arab-Islamic culture and values and should be looked at for insight into how to approach conflict resolution between the Muslims especially and in non-Muslims, generally, if they want to follow the Islamic way of justice.