Professional Documents
Culture Documents
Qur\'an is considered as the highest arbitrator. For this, a human interpreter is required as he
speaks for the Qur\'an. Generally, arbitration proves to be more effective as long as no religious
implications are intervened. This means that when dealing with conflict resolution involving
religious groups, the \"divine\" element of the conflict must be taken into account and then
deconstructed into political components. On this basis, arbitration can later work as a method to
solve conflicts.
Reconciliation is usually greeted with distrust unless based on justice and equity. The peace
process in the ME are considered as superficial phenomenon and diplomatic agreements are
linked to capitulation or \"pacification\". Mediators can integrate some principles and symbolic
practices in Middle East reconciliations methodologies - such as sulh (settlement) and musalaha
(reconciliation).
The basic assumption made by Western conflict resolution theorists is that conflicts can and
should be fully resolved. While Arab-Islamic culture is less optimistic, saying that conflicts may be
intractable unless based through principles of justice. The biggest contrast between Western and
non-Western conflict resolution is that the Western approach underscores the primacy of
individual choices in facilitation of the process, whilst the traditional Arab-Islamic process is
communally oriented.
The Western third party relies on guidelines, experience and legal texts but in Arab-Islamic
situations it is based on sacred texts, religious ideals, history and traditions.
The goals of the Western process are pragmatic, trying to achieve a win-win scenario that will
delete the past and usher a new page in history. In contrast, the Arab-Islamic process is
continuity-oriented; history is the source of stability, it shapes the future.
The Western process include structured problem resolution techniques (\"separate the person
from the problem\") which lead to formal, written agreements. In contrast, the Arab-Islamic
approach prioritize the issues - with salience on harmony, solidarity, dignity and prestige.
One of the most important unofficial responses to the conflict in Middle Eastern societies is sulh
and musalaha, which are often simply called \"sulh\". Sulh and Musalaha have their origins in
tribal and village contexts, although not legitimated by Middle Easter states. Today it is used in
many rural areas where state control is not very strong. In Jordan however, the ritual of sulh is
officially recognized.
The purpose of sulh is to end conflict and hostilities so that parties can conduct a relationship in
peace and amity. It is a form of legal contract. In general, there are two types of sulh processes:
public sulh (treaties between two countries - to suspend fighting and to establish peace - for a
specific time period) and private sulh (when both the crime and the guilty party is known and the
purpose is to make sure that revenge will not take place leading to another conflict). The most
common condition is to forget what happened and initiate new and friendly relations. The
mediators in this process are called Jaha - who gain the esteem of the community. The sulh ritual
is not a zero-sum game but \"win-win.\"
Non-Western cultures often consider Western assumptions about conflict resolution provocative
and find them difficult to accept and apply to their circumstances. Due to differences in approach
and methodology in conflict resolution between the Western and Islamic norms, cultures and
traditions, Islamic countries do not feel at home with conflict resolution tools of the UN and its
associated bodies. Inter-state conflict resolution between Muslim states needs evolution of
appropriate structures compatible with Islamic international law, Islamic jurisprudence and
traditions. OIC could provide parentage to such structures. Some suggested entities could be:
OIC Mediation Council OIC Reconciliation Committee; OIC Peace Keeping Force, including rapid
deployment contingents; OIC Observers and Islamic Court of Justice.