Islamic law in the age of digitalization: Challenges of online dispute resolution

Abstract

As societies become increasingly digitized, legal systems worldwide are adapting to resolve disputes through virtual platforms. The digitalization of legal processes has facilitated an innovative legal practice known as online dispute resolution (ODR) with the expectation of providing alternatives to traditional practices by making dispute resolution more efficient and accessible. Islamic law, which traditionally emphasizes face-to-face interactions, community-based dispute resolution, and adherence to religious principles, faces unique challenges in integrating ODR. This paper examines the emerging challenges and opportunities that digitalization presents for the application of Islamic law, particularly in the context of ODR. This study explores how concepts such as arbitration, mediation, and adjudication in Islamic courts can be adapted to the digital realm while maintaining the integrity of Shariah. The study analyzes key challenges, including the need to ensure that digital platforms align with Islamic principles of justice, transparency, and fairness, as well as addressing concerns about digital security, identity verification, and jurisdiction. A qualitative method was employed based on literature reviews, case studies and expert opinions. It was found that some of the concepts in ODR were absent in classical Fiqh (Islamic jurisprudence). However, findings suggest ODR can still be utilized as a dispute resolution mechanism if some adjustments are made within its framework so that it complies with Islamic jurisprudential conditions. Therefore, this paper recommends directions for platform designs that respect Islamic legal/ethical standards. It also identifies several interesting research opportunities to extend ODR’s potential among Muslims.