Method of arbitration (Tahkim) in Islamic law

Arbitration is an alternative dispute resolution method practiced in many countries. This thesis comprises not only the place of arbitration in classical jurisprudence but also some of the contemporary issues related to arbitration. The thesis consists of two main parts. The first part involves the theoretical aspects of arbitration. The definition of arbitration, its types, its history, the place of arbitration in the Turkish legal system, the jurisprudential nature and legitimacy of arbitration, the conditions of arbitration, the issues related to the arbitrator, the areas subject to arbitration, the judgment of arbitration, the termination of arbitration, its execution and appeal are the main issues discussed in the first part. In the second part, the positive and negative aspects of arbitration, the reasons for the lack of institutional development of arbitration, the possibility of utilizing Islamic law in arbitration according to Turkish legal legislation, recourse to arbitration in terms of religious necessity, the historical process of arbitration practices, contemporary arbitration practices and the arbitrator's guide that will be needed in arbitration practices based on Islamic law are discussed.