Ta˙kìm, as an alternative dispute resolution mechanism had existed long
before the coming of Islam. When Islam came, it recognised ta˙kìm, along
side the institution of al-qa∂à" (judiciary), as a means of dispute settlement, as is evidenced in the Qur’an, the Sunnah (tradition) of the Prophet,
and the practice of the Companions. Although the principles of ta˙kìm at
the early stage were general and brief, these principles were elaborated
throughout Islamic history, especially during the time of the four great
scholars of Islam. Contemporary family issues demand that ta˙kìm needs
to be further improved, within the scope outlined by Islamic Sharì'ah, so
that its principles can be duly practised. Pearl pointed out that, ‘at present, there is not much published material on this topic, but the need to
undertake specific research has begun to be recognised’.1 It is, therefore,
felt that there is a serious need for further research on the application of
ta˙kìm, especially in family disputes. This article intends to discuss the
rules and principles of Islamic ta˙kìm in family disputes, in light of the
Islamic institution of ta˙kìm in general.