ISLAMIC LEGAL PARADIGM ON DISPUTE SETTLEMENT

Dispute is a human phenomenon that is almost always present in every society. The best step in the event of a dispute is resolved and not silenced. In the event of a dispute, there are two mechanisms that can be used to resolve it, namely through court (litigation) and outside court (non-litigation). The litigation paradigm believes that the law must be enforced to end the conflict. The procedures for filing the case, the law and the rules are so clear that the truth, whoever loses and wins immediately can be seen. Hence, justice will be realized if the formal evidence submitted meets the standards of applicable legal norms. In addition, a non-litigation paradigm is used, a paradigm that is rooted in consensus, deliberation or peace settlement between the parties. The philosophy of resolution is not to seek absolute victory on the one hand, so there must be another party to lose. This paradigm further encourages the conflict to end by making all parties as winners, win-win solution. Even if there is an unfulfilled desire, both parties must bear the same weight loss. Islamic law also recognizes two paradigms of dispute settlement. Islamic law supports any dispute settled by law in the court (al-qadha). There is nothing wrong if society brings the issue before the judge. But, Islamic law calls for moral advice, it is better for the parties to make peace and settle the matter in a kinship (islah, tahkim). Thus, brotherhood is maintained and feelings of unease can be avoided.