Can The Arbitration Incident Be Used To Resolve Disputes Between Islamic Countries?
Selections from the Book Muawiyah Ibn Abi Sufyan (His Character And Era) And The Sufyanid State …
Written by Dr. Ali Muhammad al-Sallabi...
Episode (16)
It is possible to benefit from the incident of ‘arbitration of Siffin’ in resolving disputes between Islamic countries; by having the leaders of all Islamic nations bear their responsibilities, followed by the Islamic Ummah they govern, in exerting serious and sincere pressure on the two conflicting parties, so that they stop the fighting between them and resort to Islamic arbitration. Each party sends an arbitrator on its behalf, to judge the ongoing dispute, based on the following:
1 - Defining the powers of the two arbitrators in issuing the necessary rulings to solve the problems that are the cause of the dispute.
2- Making the sources of Islamic legislation the sole reference for issuing those rulings and solutions that resolve the matters of dispute.
3 - Taking a covenant from each of the two conflicting parties, and from all leaders of the Islamic countries, to accept what the two arbitrators issue in terms of legitimate rulings and solutions to end the current dispute, as rulings that must be implemented by the law of Islam, and that rejecting them, or being pleased with such rejection, results in sin according to Sharia.
4 - If the two arbitrators issue rulings and solutions upon which they both agree, and the two conflicting parties submit to them — the matter is resolved, and Allah spares the believers from fighting.
5 - If one or both parties refuse to submit to the ruling of the two arbitrators, then the rejecting party is considered the transgressor, whether the rejection comes from one of them or both, and it becomes legally obligatory upon the Islamic forces in other regions to place themselves at the disposal of what the two arbitrators issue in terms of military decisions, in order to intervene and resolve the conflict by force in a way that does not result in harms and dangers greater than the harm of the existing dispute.
6- It is within the authority of the two arbitrators — by agreement — to issue decisions related to the movement of armed forces in other Islamic countries, in order to resolve the existing dispute in light of what has been previously explained.
Perhaps resorting to such a method in resolving disputes between Islamic countries would be sufficient to block the path for any external power to intervene in Muslim conflicts under the pretext that one of the disputing parties invited them to intervene. Then, such powers would exploit the opportunity to conspire against the Muslims, escalate those conflicts, and impose a solution that pleases them — a solution that serves only their interests — while the Muslims suffer afterward from the consequences of that solution even worse than they suffered from the trial of the conflict itself. These external powers are not concerned with such suffering; rather, this suffering is one of the very aims for which they imposed that disastrous solution.
We say: perhaps resorting to arbitration, as previously explained, would block the way for those external powers that seek to spread corruption among the Muslims.
Moreover, the binding nature according to Sharia of the resolution through arbitration — as we have presented — is based on the consensus of the Companions. All the Companions, during the time of conflict between Ali and Muawiya, agreed on resorting to arbitration and accepting it — whether they were the Companions with Ali, the Companions with Muawiya, or the Companions who remained neutral, such as Sa‘d ibn Abi Waqqas, Ibn Umar, and others — may Allah be pleased with them all.
- Ali Muhammad al-Sallabi, Muawiyah Ibn Abi Sufyan (His Character And Era) And The Sufyanid State, pp. 293-295.
- Jihad and fighting in Islamic politics (3/1665).
For further information and review of the sources for the article, see:
The Book of “Muawiyah Ibn Abi Sufyan (His Character And Era) And The Sufyanid State” on the official website of Sheikh Dr. Ali Muhammad al-Sallabi:
