What is the ruling on arbitration agreements or arbitration clauses, and do they fall under the category of reconciliation?
Arbitration between people is permissible according to the Qur'an, Sunnah, and scholarly consensus. Scholars have differed on its conditions and what is permissible within it:
1. Hanafis: They permit arbitration and stipulate that the arbitrator must be qualified for judgeship. They permit the arbitration of a fasiq (transgressor) and a woman. Their ruling is enforced in matters other than hudud (fixed punishments), qisas (retaliation), and diyat al-'aqilah (blood money paid by the kin). 2. Malikis: They permit the arbitration of a just, Muslim, free, adult, sane male. They do not permit the arbitration of a woman or a fasiq. They hold that an arbitrator cannot enforce a hadd (fixed punishment) or rule in matters of qisas, divorce, emancipation, lineage, or wala' (clientage). 3. Shafi'is: They permit the arbitration of one who is qualified for judgeship. They differed on whether the arbitrator's ruling becomes binding by mutual consent after the ruling or by the ruling itself. They also differed on what matters are permissible for arbitration; some permitted it in everything, while others restricted it to financial matters, excluding marriage, qisas, li'an (oath of condemnation), and the hadd of qadhf (punishment for false accusation of unchastity). 4. Hanbalis: Their view is similar to that of the Shafi'is, and they also differed on what matters are permissible for arbitration.
Summary: 1. Disputing parties may appoint an arbitrator to rule between them according to the rulings of Allah. 2. The arbitrator must be Muslim, just, male, adult, and knowledgeable of Allah's rulings. 3. If the arbitrator rules between the disputing parties, their ruling is enforced. 4. Scholars differed on what matters the arbitrator may rule upon. The preponderant view is that they rule specifically in financial matters, as they do not possess the authority to enforce hudud and qisas. 5. Arbitration is considered a reconciliation in meaning, as it is only established by the mutual consent of the disputing parties.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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