Conciliation Ethics in the Qurʾan

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):333-358 (2016)
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Abstract

The concept of Conciliation Ethics in the Qurʾan is a crucial aspect of Islamic Law: Conciliation features notably in the Qurʾanic text which gives rise to Islamic rules and regulations, Conciliation is an important dispute resolution method in an Islamic legal system, and Conciliation-related Qurʾanic textual analysis reveals a broad range of legal language and concepts. Traditional studies of Conciliation in the Qurʾan have often focussed on the process of ṣulḥ through intermediaries, particularly in marriage and between groups of Muslims, whilst there is a dearth of Western scholarship in this area. Using Classical Arabic tafsīr and Western literature on Conciliation as a general concept, this paper examines holistically and analytically the concept of Conciliation Ethics in the Qurʾan, investigating its scope, constituent elements, emphasis and purpose. This paper argues, based on a manual survey of the entire Qurʾan, that Conciliation is not limited to isolated contexts or verses where ṣulḥ is mentioned explicitly. The paper finds that Conciliation is a pervasive concept throughout the hierarchy of social relationships. It is achieved through behaviours such as good conduct, attitudes such as ‘Differentiation’ and ‘Externalisation’ and preventative strategies of dispute avoidance, and sometimes includes a contract or Reconciliation process. It is emphasised in the Qurʾan through a range of stylistic features and is of fundamental importance in maintaining the fabric of society.

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