Reviving Islamic Arbitration (Tahkīm) as a Practical Model for Labour Dispute Resolution in Pakistan

Abstract

This article explores the revival of Islamic arbitration (Tahkīm) as a viable and practical mechanism for resolving labour disputes in Pakistan within the framework of Islamic jurisprudence and contemporary legal systems. It examines the conceptual foundations, historical development, and juristic principles of Tahkīm in Islamic law, highlighting its emphasis on justice, fairness, mutual consent, and expeditious dispute resolution. The study critically analyzes the existing labour dispute resolution mechanisms in Pakistan, identifying procedural delays, adversarial rigidity, and limited accessibility as key challenges. In response, it proposes the integration of Tahkīm as an alternative or complementary model that aligns with Pakistan’s constitutional commitment to Islamic principles and social justice. By assessing relevant statutory provisions, judicial precedents, and comparative practices, the article demonstrates how Islamic arbitration can offer a cost-effective, flexible, and culturally resonant framework for resolving labour conflicts. The study concludes that institutionalizing Tahkīm in labour relations can contribute to industrial harmony, protect the rights of both employers and workers, and strengthen the overall efficacy of Pakistan’s labour justice system.