Arbitration Tradition from Jahiliyya to Islam

Feridun Tekin

Article Details

Arbitration Tradition from Jahiliyya to Islam

Authors:

Feridun Tekin

Publisher:

Ordu University

Journal:

Ordu Üniversitesi Sosyal Bilimler Enstitüsü Sosyal Bilimler Araştırmaları Dergisi Vol.13 Issue 1, pp.471-490

Document Type:

Article

Publication Date:

3/2023

Document Language:

Turkish

Document ID (Org No.):

2001285618

pISSN:

1309-9302

Keywords:

Abstract:

 Human is a social entity. Where there are people, there may be conflicts and unlawfulness. Elements such as central authority. Law are important in order to eliminate the injustices experienced among people. These structures and institutions aim to eliminate the characteristics of people such as being unfair to each other, oppressing and attacking each other. In the pre-Islamic period, because there was no central authority and law unity, the institution of arbitration was established in order to eliminate the unlawfulness that occurred between people. Thanks to this structure, many conflicts were resolved and clarified. Care was taken to ensure that the people to be appointed as arbitrators were fair, honest, reliable, respected and leaders in the society. There was no gender discrimination for this task, and womens arbitraing was also applied. However, this structure was not formally binding. This building, which is located in the pre-Islamic period, It was included in the Islamic tradition with the Prophet. The Messenger of Allah pbuh acted as an arbitrator both in the pre-Islamic period and in the period of his prophethood. Thanks to arbitration, some legal disputes have been resolved. The Messenger of Allah pbuh actively used this structure, which is not alien to people, and ensured the continuation of this tradition by taking advantage of the abilities of different companions in some matters.

 Human is a social entity. Where there are people, there may be conflicts and unlawfulness. Elements such as central authority. Law are important in order to eliminate the injustices experienced among people. These structures and institutions aim to eliminate the characteristics of people such as being unfair to each other, oppressing and attacking each other. In the pre-Islamic period, because there was no central authority and law unity, the institution of arbitration was established in order to eliminate the unlawfulness that occurred between people. Thanks to this structure, many conflicts were resolved and clarified. Care was taken to ensure that the people to be appointed as arbitrators were fair, honest, reliable, respected and leaders in the society. There was no gender discrimination for this task, and womens arbitraing was also applied. However, this structure was not formally binding. This building, which is located in the pre-Islamic period, It was included in the Islamic tradition with the Prophet. The Messenger of Allah pbuh acted as an arbitrator both in the pre-Islamic period and in the period of his prophethood. Thanks to arbitration, some legal disputes have been resolved. The Messenger of Allah pbuh actively used this structure, which is not alien to people, and ensured the continuation of this tradition by taking advantage of the abilities of different companions in some matters.

 Human is a social entity. Where there are people, there may be conflicts and unlawfulness. Elements such as central authority. Law are important in order to eliminate the injustices experienced among people. These structures and institutions aim to eliminate the characteristics of people such as being unfair to each other, oppressing and attacking each other. In the pre-Islamic period, because there was no central authority and law unity, the institution of arbitration was established in order to eliminate the unlawfulness that occurred between people. Thanks to this structure, many conflicts were resolved and clarified. Care was taken to ensure that the people to be appointed as arbitrators were fair, honest, reliable, respected and leaders in the society. There was no gender discrimination for this task, and womens arbitraing was also applied. However, this structure was not formally binding. This building, which is located in the pre-Islamic period, It was included in the Islamic tradition with the Prophet. The Messenger of Allah pbuh acted as an arbitrator both in the pre-Islamic period and in the period of his prophethood. Thanks to arbitration, some legal disputes have been resolved. The Messenger of Allah pbuh actively used this structure, which is not alien to people, and ensured the continuation of this tradition by taking advantage of the abilities of different companions in some matters.

 Öz İnsan sosyal bir varlıktır. İnsanların olduğu yerde anlaşmazlık, ihtilaf ve hukuksuzluk gibi durumlar yaşanabilir. İnsanlar arasında yaşanan adaletsizlikleri gidermek için merkezi otorite, kanun, hukuk gibi unsurlar önemlidir. Bu yapı ve kurumlar insanların birbirlerine haksızlık yapma, zulmetme ve saldırma gibi hususiyetlerini gidermeyi hedefler. İslâm öncesi dönemde merkezi bir otorite ve kanun birliği olmadığı için insanlar arasında meydana gelen hukuksuzlukları giderme adına hakemlik kurumu oluşturulmuştu. Bu yapı sayesinde birçok ihtilaf çözülerek açıklığa kavuşturulmuştu. Hakem olarak belirlenecek kimselerin adil, dürüst, güvenilir, itibar sahibi ve toplumda önder olan kimseler olmasına dikkat edilirdi. Bu görev için cinsiyet ayrımı yapılmaz kadınların da hakemliğine başvurulurdu. Ancak bu yapının resmi bir bağlayıcılığı yoktu. İslâm öncesi dönemde yer alan bu yapı Hz. Peygamber ile birlikte İslâmî geleneğin içerisine dahil edilmiştir. Resûlullah s hem İslâm öncesi dönem hem de nübüvveti döneminde hakemlik yapmıştır. Hakemlik sayesinde hukuka raci olan bazı ihtilaflar çözüme kavuşmuştur. Resûlullah s insanlara yabancı olmayan bu yapıyı aktif olarak kullanmış ve bazı meselelerde farklı sahâbîlerin kabiliyetlerinden istifade ederek bu geleneğin devam etmesini sağlamıştır.

Article Details

Arbitration Tradition from Jahiliyya to Islam

Authors:

Feridun Tekin

Publisher:

Ordu University

Journal:

Ordu Üniversitesi Sosyal Bilimler Enstitüsü Sosyal Bilimler Araştırmaları Dergisi Vol.13 Issue 1, pp.471-490

Document Type:

Article

Publication Date:

3/2023

Document Language:

Turkish

Document ID (Org No.):

2001285618

pISSN:

1309-9302

Jahiliyyah

The Prophet

Arbitrator

Arbitration

Companions

Câhiliye

Hz. Peygamber

Hakem

Hakemlik

Sâhebe

Issues

Article Details

Authors: Feridun Tekin

Publisher: Ordu University

Journal: Ordu Üniversitesi Sosyal Bilimler Enstitüsü Sosyal Bilimler Araştırmaları Dergisi Vol.13 Issue 1, pp.471-490

Document Type: Article

Publication Date: 3/2023

Document Language: Turkish

Document ID (Org No.): 2001285618

pISSN: 1309-9302

Issues

Authors:

Feridun Tekin

Publisher:

Ordu University

Journal:

Ordu Üniversitesi Sosyal Bilimler Enstitüsü Sosyal Bilimler Araştırmaları Dergisi Vol.13 Issue 1, pp.471-490

Document Type:

Article

Publication Date:

3/2023

Document Language:

Turkish

Document ID (Org No.):

2001285618

pISSN:

1309-9302