PENDEKATAN NON LITIGASI PENYELESAIAN MASALAH DALAM PERSPEKTIF SEJARAH PERADABAN ISLAM

FAKULTAS ILMU HUKU UNIVERSITAS MUHAMMADIYAH MALUKU UTARA

Abstract

Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiational and arbitration. Alternative dispute resolution has long been practiced in Islam to solve the pronlems. This qualitative-descriptive study uses a socio-historical approach that examines and alayzes the practice of alternative dispute resolution in general, and mediation, negotitation, arbitration in particular. This study aims to discuss the theory of non litigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue expored in this research is how to implement non ligitation dispute resolution practices in Islamc history and the event that they are used.The conclusion of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the pactice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkim) on event involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin.