Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation

Rybka Oleg Sergeevich ORCID: 0009-0009-9609-7727 Graduate student, Department of Civil Law and Procedure, Far Eastern Federal University 690922, Russia, Primorsky Krai, Vladivostok, Russian Island, Ajax village, 10 oleg.sergei4.rybka@gmail.com Other publications by this author

Chekulaev Sergei Sergeevich PhD in Law Associate Professor, Department of Civil Law and Procedure, Far Eastern Federal University; Honorary Professor, Faculty of Oriental Languages, Mudanjiang Pedagogical University (PRC) 690922, Russia, Primorsky Krai, Vladivostok, Russian Island, Ajax village, 10 chekulaev_ss@dvfu.ru

Islam is one of the most influential monistic religions in our world. In 28 countries (according to the ISLAM NEWS news agency), Islam is the state religion, and religious law prevails in these countries. At the same time, this religion is the second in the world in terms of the number of followers (according to the results of the Pew Research Center "Religious Composition by Country, 2010-2050"). Alternative dispute resolution methods are often used outside the legal field (before filing a lawsuit, before giving the conflict a "legal color"), therefore, not only the experience of countries with religious law is interesting, but also countries where Muslim communities are quite large (for example, China and Russia, more than 28 million and more than 15 million followers, respectively (according to the Pew Research Center "Religious Composition by Country, 2010-2050")).

Over the past fourteen centuries, Sharia has provided a number of ways to resolve both marital disputes and many others, and since ancient times, Sharia has regulated what has only relatively recently become generically called "alternative dispute resolution". Islam has been firmly entrenched in the world since the early Middle Ages, and was also an undisputed source of inspiration for the Renaissance that followed.

As for the evaluation of the Islamic Sharia, as one would expect, among those who wish to reject it, it has become fashionable to give examples of what happens when the Sharia is misinterpreted by ignorant people, while at the same time diligently ignoring examples of what happens when it is embodied by wise people. As with any divine teaching, sharia can be well applied only by those who understand and embody it well.

The purpose of this research is to identify the problems of using alternative methods of conflict resolution regulated by Islamic law on the territory of the Russian Federation and to find solutions to these problems.

The object of this study is Alternative ways of resolving conflicts in Islamic law.

The subject of this study is the possibility of using alternative methods of conflict resolution regulated by Islamic law on the territory of the Russian Federation.

In the course of the research, the author used such methods of scientific cognition as: comparative legal method, analysis, logical method and functional method.

The relevance of this scientific work is due not only to a large religious society, but also to the contact of Islamic law and Russian law. Islamic financing is coming to the Russian Federation, which works according to Sharia law, but meets an obstacle in the framework of legal issues. Based on the above, it can be assumed that sooner or later there will be a question of settling disputes with the subjects of Islamic banking. It is worth understanding what methods are used to resolve disputes both in the Middle East and in other parts of the world (in Malaysia and Indonesia, located in the countries of the Asia-Pacific region (APR), where Islamic law is also applied), because this will allow for closer cooperation both at the political level and at the economic level, And also resolve the conflicts that have arisen faster. Religion has always been an area that people fiercely defended, therefore, in order to maintain religious calm and peaceful mood throughout the planet, one should not neglect the religious feelings of large communities and entire states. It is necessary to understand whether it is possible to synthesize the norms of Sharia and the norms of national law or whether they will conflict and contradict each other and, if so, how to solve this problem.

The problems raised in this study have previously been studied by scientists such asSyukiyainen L.R., Verkhovskaya V.A., Voskresenskaya V.A., as well as a number of foreign scientists, such as Rahman M. M. Saptomo A., Lisdiono E., Rashid S.K. The works of these scientists contributed to the disclosure and more detailed understanding of alternative dispute resolution methods in Islamic law. In particular,L.R. Syukiyainen studied in detail the problem of the application of sharia norms in the territory of the Russian Federation. However, the works of these authors concerning alternative dispute resolution are more often of a comparative nature and they do not consider the issue of using the methods of alternative dispute resolution of Islamic law in the territory of the Russian Federation.

All Sharia laws are based on the Koran (holy Scripture), the Sunnah (the life of Muhammad) and Ijma (decisions on some issues that have become universally recognized in the Islamic world). References to the peaceful settlement of disputes are certainly contained in religious texts, which means that at least since the writing of the Koran (VII century), alternative dispute resolution (APC) has been used among the Muslim population. Despite the fact that religious norms regulate certain alternative ways of resolving disputes, States are increasingly resorting to legislative consolidation of norms on certain issues. This is due to the unsystematic nature of religious texts, the dispersion of norms regulating a separate institution according to different religious sources.

What alternative dispute resolution methods are used in Sharia law? Classical Islamic legal texts offer the following models of dispute resolution:

· Out-of-court settlement (Sulh, "peace treaty");

· Arbitration (Takhkim);

· med-arb (a combination of Sulha and Takhim);

· Muhtasib (dispute resolution by the Ombudsman);

· Fatwa (definition of an expert (mufti)) ^[1].

Also, some scientists point to the existence of such a model as Wali Al-Mazalim (informal justice in disputes about human rights violations) ^[2]. This model will also be described in this study, but will not be included in the general list, because according to the authors, it is not valid at the moment.

The first concept that should be considered is Sulh. Sulh is an Arabic word that means "peace" as opposed to war. In Islamic law, it means "peaceful settlement". Literally means "end the dispute" or "end the dispute" either directly or with the help of a neutral third party. That is, when there is a conflict between two people, between people or between institutions, they themselves should be able to negotiate their differences in order to achieve a fair settlement. From what has been described, it can be seen that this concept is very broad. Sulh includes negotiation, mediation, or reconciliation. But there is also a narrower understanding, namely, the understanding of a sin as a settlement agreement between the parties, which is concluded in the form of a contract ^[3] and becomes binding on the parties ^[4].  Such an agreement can be both a settlement agreement and a mediation agreement. Most often, Sulh is used in family matters, because most often it is these issues that they try not to bring into the light by going to court. In this study, the authors will adhere to a broader interpretation of this concept than just an agreement. By Sulh, one should understand a number of measures aimed at reconciliation, such as negotiations and mediation.

If we turn to the experience of Malaysia, we should mention the Sulh Council. The Sulh Council is an institution that receives certain disputes before they are considered in court. This institution employs qualified specialists who are trained directly in Malaysia with the support of the Department of the Sharia Judicial System of Malaysia (in Malay: Jabatan Kehakiman Syariah Malaysia or abbreviated JKSM). The activities of the Sulh Council are regulated by the guidance of "JKSM Sulh", established by the Department of Sharia Justice of Malaysia, which is applied in all Sharia courts and branches of the Sulh Council in Malaysia. The purpose of creating a guide for working with Sulh is to explain in detail the following aspects:

1) The process of initiating a process in the Sulh Council;

2) Presentation of the case by the disputing parties;

3)                General discussion;

4)                Meeting with one party or group meetings;

5) Collective bargaining;

6) A court decision based on mutual consent;

7) Confidentiality ^[5].

A manual was also created for the staff of the Council of Sulh, which regulates their actions under different circumstances and contains ethical standards.

This Council is similar to the Beijing Reconciliation Center in the People's Republic of China, but it is more focused on commercial and foreign economic disputes ^[6], and in this case we are talking about a fairly extensive list of disputes, for example, such as a dispute over alimony payments, a dispute over issues related to marriage, as well as issues of compensation and others.

It is also worth paying attention to the fact that in the 21st century, the countries of the Middle East are increasingly legalizing the use of alternative methods of conflict resolution: "in 2006, Jordan adopted the Law "On Mediation for the Resolution of Civil Disputes", in 2009, Dubai Law No. 16 established a Mediation Center at the Dubai state courts. Mediation as a method of peaceful conflict resolution using a conciliation procedure was established thanks to the creation of similar centers in Jordan and the United Arab Emirates, as well as the existence of a mediation mechanism at international organizations" ^[7].

The next way of alternative dispute resolution, which will be considered in this study, is to appeal to the Muhtasib or the Ombudsman. Although the Ombudsman sometimes acts not only as a mediator, but also as a mediator in other dispute resolution activities (for example, assistance in collecting evidence), one should not detract from its importance as an institution of the ADR.

As mentioned earlier, Muhtasib is an ombudsman in Islamic law. This position is mentioned in the Koran, and the first two ombudsmen - in Mecca and Medina – were appointed by the Prophet Muhammad himself. Muhtasibs serve to resolve disputes and avoid them.

In one of his works, Rashid S.K. refers to the words of Abu'l-Hassan al-Mawardi, a Muslim lawyer of antiquity, according to which there are three types of complaints that Muhtasib can address:

• complaints concerning weights and measures;
• complaints about various kinds of falsification and unjustified price increases for the goods sold; and
• complaints about non-payment of debt, even if it is possible to repay it ^[8].

Muhtasib's competence included monitoring the work of various specialists, such as doctors, teachers, jewelers, etc., how they conduct their business or perform their work. He also covered religious activities and public affairs, such as keeping roads clean and street lighting at night. But it was earlier, based on what has been described, it can be concluded that Muhtasib was a guardian of order, whose jurisdiction extended to almost all spheres of life, regardless of whether a complaint was received or not, which distinguished him from the judge (cadi), who solved only those issues that came to him in court.

The Muhtasib (Ombudsman) is currently introduced in a modified form, especially in a country like Pakistan, to address issues related to administrative abuses of departments and agencies of the federal Government ^[9]. It protects an ordinary citizen from administrative offenses by direct appeal to the state body, helps in collecting evidence of violations of the rights of a citizen by the state and other persons, and also helps to come to a consensus by way of Collapse.

The Institution of the Ombudsman is an important institution for society, created to protect the rights of both the whole society and an individual citizen. Representatives of the traditional, most popular concept of the emergence of the institution of the Ombudsman, associate the moment of its appearance with Sweden. In 1713, the post of "His Majesty's Supreme Ombudsman" was introduced here ^[10]. But relying on the Koran and other sources of antiquity, it is safe to say that the institution of the Ombudsman appeared much earlier, in the cradle of the Islamic religion and Islamic law.

One of the main ways of ADR in Islamic law, along with Sulkh, is arbitration (Tahkim). This method is mainly used by commercial organizations to solve various kinds of issues, ranging from corporate, ending with disputes over civil law transactions, such as termination of the contract.

The great prophet of Islam, the Prophet Muhammad, was both a mediator, an arbitrator, and a judge who applied the Islamic legal norms set forth in the Quran and the Sunnah in resolving various disputes between his community in Arabia and thereby instructed his people to reconcile others by his example ^[4]. For example, in the Quran, in the surah "An-Nisa" (4:35), the importance of peaceful settlement of disputes is emphasized:

"If you fear a rupture between them (a husband and his wife), appoint (two) arbitrators, one from his family and the other from hers; if they both desire peace, Allah will do it. To bring about their reconciliation. Indeed, Allah is the Knower, well acquainted with all things."

Arbitration as a method of conflict resolution occupies a very important place in the system of administration of justice under Sharia law ^[4]. Arbitration in Sharia texts is described as an attempt by two or more parties to a dispute to present their conflict to a third party, called hakam or muhaqam. Most Islamic scholars consider the requirements for a judge (qadi) to be also mandatory for an arbitrator. These requirements are as follows: to be a Muslim, wise, adult, fair and free. Although there is a requirement that the arbitrator must be a Muslim, a non-Muslim can also be chosen in commercial matters, provided that Islamic rules apply, this is also stated in an article by Yucel E. posted on the Internet portal of economic news Katilim Finans ^[11].

Thus, arbitration in Islamic law is a voluntary procedure in which the opposing parties choose a neutral and qualified person to settle their dispute in accordance with Sharia. The main provisions of the Quran, which, in particular, favor reconciliation and arbitration in general, are contained in the Surah Hujurat. The verses of the Quran are as follows:

"And if two groups among the believers enter into a struggle, then make peace between them both. But if one of them is outraged against the other, then fight with the one who is outraged until it meets the requirements of Allah's Command. Then, if he submits (and stops the outrage), then reconcile them fairly and be just. Really! Allah loves those who are just. (49:9)»;

"Believers are nothing but brothers. So, reconcile your brothers (in case of disagreement and conflict that has arisen) and fear Allah so that you can receive Mercy. (49:10)».

In addition, arbitration in Islamic law (Tahkim) is also defined as the appointment by two disputing parties of a person from among the members of the community as a judge on an issue that is the subject of a dispute between both parties ^[4]. A feature of arbitration in Islamic law is that an agreement must be approved by both parties in order for it to be binding.

Despite the fact that the arbitration decision is binding (between the parties to the dispute), the parties can withdraw from the Tahkim at any time before the decision is made. However, after the announcement of the decision, it becomes binding.

Undoubtedly, arbitration is part not only of the legal, but also of the cultural part of society, and the usefulness of its application is not questioned. But not all Muslim scholars agreed on the range of disputes that can be resolved through arbitration. There are different opinions about the type of dispute that can be resolved by arbitration. According to the Hanafi school of thought, arbitration can be applied in all matters except restriction (hadd) and retribution (qisas). Hadd is understood as a category of criminal acts that, firstly, encroach only on the interests of the entire community and, secondly, entail punishments clearly defined by the Koran or the Sunnah, or established by the law enforcement practice of the caliphs. Qisas refers to a category of crimes for which Sharia establishes an exact sanction - qisas, meaning "retribution", i.e. punishment "equal" in severity to the committed illegal act. The main crimes of this category are murder and bodily injuries of an irreversible nature ^[12].

According to the information posted in the article by Yucel E. on the Internet portal of economic news Katilim Finans, in accordance with the provisions of the Maliki school of thought, arbitration is permissible in all matters, except for restrictions, retaliation, mutual agreement between spouses, divorce, origin and custody. While the Shafi'i school of Philosophy considers arbitration permissible in relation to goods and burdensome legal transactions, the Hanbali school of Philosophy allows arbitration on all issues. Although Islamic scholars disagreed on the issues on which arbitration would be conducted, they agreed that arbitration is permissible in commercial matters that depend on the will of the parties, and there are no obstacles to arbitration on issues related to private property ^[11].

Recently, such a type of APC method as Med-Arb (from Mediation & Arbitration, in translation Mediation and Arbitration) has become increasingly common. Med-Arb is a mixture of mediation and arbitration; it is a way in which the parties initially transfer their dispute into the hands of a mediator, and if no agreement is reached, they agree to submit the case to arbitration. The arbitrator or one of the arbitrators is often the same person who acts as a mediator in this dispute. Long before the emergence of this method in the West, it was provided for in the Quran: 35 ayat 4 Surah: "And if you (oh, close spouses) are afraid of discord between both, then send a judge from his family and a judge from her family (so that they decide what is good for the spouses); if they (judges If they wish reconciliation, then Allah will help them. Indeed, Allah is the Knower (and) the Omniscient!". This verse says that if the spouses have not reconciled without an intermediary or with an intermediary, then they have the right to send kind and just husbands from each family so that, after discussing, they decide whether it is possible to reconcile the spouses and try to do it. Then the verse speaks about the desire to reconcile the spouses, but not about the desire of the spouses themselves, but about the desire of the judges (husbands), i.e. in this case, the will of the judges is important, who are already equated with the arbitrators (because they make the decision).  

The unification of mediation and arbitration is an idea that has now received universal recognition. For example, in China, Japan, Korea, Vietnam and Malaysia, mediation and arbitration are combined ^[13]. There is a Kuala Lumpur Regional Arbitration Center in Malaysia. This arbitration center has arbitration rules that are of interest for this study. The model arbitration clause in these rules states that "Before submitting a dispute to arbitration, the parties should strive for a peaceful settlement of this dispute through mediation in accordance with the mediation procedure specified in the Rules of the KLRCA (Kuala Lumpur Regional Centre for Arbitration, translated Kuala Lumpur Regional Arbitration Center), effective on the date the beginning of mediation", which indicates the focus on the use of mediation before arbitration. Usually, failure in the mediation process brings, in the opinion of the parties, extra costs in the form of payment for mediation and time for its conduct. Despite the fact that there is no way to return the time, Article 15 of the above-mentioned regulations provides for the possibility to eliminate the disadvantage of such a method of ADR in the form of recognition of mediation payment as part of the payment of arbitration costs. Thereby pushing the parties to first turn to the mediation method (Sulh), and only then proceed to arbitration (Tahkim).

Another way of alternative dispute resolution in Islamic law is a Fatwa. A fatwa is an expert opinion issued by an expert in the field of religious law (mufti), usually at the request of a private person or a judge to resolve an issue in which Islamic legal practice is not clear ^[14].

In the history of the use of the fatwa of muftis in resolving disputes between the parties, its high effectiveness has been noticed. Usually a fatwa is based on the interpretation of religious texts by theologians, or on their own reasoning. Muftis resolve disputes based on existing resolved cases, or expand the operation of the law based on the prevailing general principles of Islamic law, or, if necessary, formulate a new principle that takes into account various conditions defined by Islamic law. ^[13].

In fact, the Fatwa is quite a familiar institution for secular law, although it is not regulated. In secular law, the analogue of a Fatwa is the legal opinion of an expert lawyer. This is not an expert opinion in the understanding of Russian law, which has evidentiary value in court, but rather an advisory opinion of a lawyer on a certain issue.

Why is the expert's opinion considered as an alternative way to resolve the dispute? The expert's opinion will be a method of ADR only if the basic principle of ADR is respected – the joint will of the parties for a quick and peaceful resolution of the dispute. To come to this, you should contact a lawyer who is trusted by both sides, for whom the knowledge of this lawyer in a certain area (within the framework of a Fatwa – in the field of Islamic law) is authoritative. Only with full trust and confidence in the competence of the expert, this method can lead to a peaceful settlement of the dispute.

As mentioned at the beginning of this study, a dispute resolution method such as Wali Al-Mazalim will also be considered here. Wali Al-Mazalim is an institution that allows ordinary people to express their complaints to the ruler about the incompetence of the executive branch in general, in order to bring the actions of the ruler and his employees in accordance with the Koran and the Sunnah. As mentioned earlier, the author of this study does not consider Wali Al-Mazalim to be among the current models of alternative dispute resolution. A number of researchers point out that this institution existed in the history of Islam, but at the moment it has been replaced by constitutional courts and other judicial bodies ^{[14] [15]}.

Wali Al-Mazalim meant something between a judge and an ombudsman. The official Wali Al-Mazalim was appointed by the Sultan to enforce the coercive power of the ruler and the judicial function of the judge in general, in order to ensure a faster, cheaper and fairer settlement of disputes related to the injustice of decisions of public authority.

The dispute settlement procedure of Wali Al-Mazalim differed from the procedure of official courts in some aspects. For example: an employee of Wali Al-Mazalim could recognize evidence that the court could declare inadmissible, and at the same time he could also call as witnesses persons who would not be recognized as witnesses and would not be able to act as such in an ordinary court. An employee of Wali Al-Mazalim could also rely on his personal knowledge when deciding a case, force the parties to arbitration and waive the requirement of proof in matters that require strict proof in court, as well as many other procedural rules.

As can be seen from what was described earlier, we can say that despite the fact that it was not a court in its usual sense, an employee in Wali Al-Mazalim was appointed by the sultan, he dealt with cases related to the authority of civil servants. There are similarities with the administrative process in the Russian Federation, but at the same time, in the procedure under consideration, of course, the actions of state bodies should correspond not to secular law, but to religious law.

What is described in this study provides an understanding of alternative ways to resolve conflicts in countries where Islamic law operates, as well as in large Muslim communities in other countries. Religion, like ideology or patriotic education, teaches people how to do the right thing, teaches them from childhood, becomes part of their thinking and culture. Islam, as mentioned above, is a teaching for people that encourages them to peacefully resolve conflicts in a wide range of ways. Of course, it is worth teaching people to negotiate and peacefully resolve conflicts while they are still children. But it is not easy to subordinate the issues of parenting to state regulation.

It is no secret that the APC in Russia is not as widespread as in other countries (this is indicated by the data of the Kommersant news agency, in particular the article "There is no arbitration"), but this only increases the relevance of research within this topic. According to the authors, it is necessary to increase the promotion of peaceful settlement of disputes by creating a state mediation center in Russia, as was done in China and Malaysia. State support for such an institution, as well as its connection with courts of general jurisdiction and arbitration courts, could lead to increased awareness of the ADR and to a reduction in the burden on the courts.

To ensure such an institution, conditions should be created for the emergence of qualified specialists in the field of not only law, but also psychology. However, in our country, only 130 universities out of 1225 teach the profession of mediator (according to the Internet resource postupi.online), which is clearly not enough to train specialists in such a large country as the Russian Federation. Such a problem suggests the need to introduce an educational program on mediation in universities where there is no such program yet.

Such a center will be able to help resolve disputes among ordinary citizens without tying them to religion. However, the question arises: how to solve problems between Muslims in the Russian Federation? At the level of an ordinary citizen, in cases involving religious issues and personal life issues, such as issues related to family and without the necessary regulation, authoritative religious figures can be solved, but, undoubtedly, there are issues that require a more serious approach.

For example, it is worth paying attention to the fact that there are problems with Islamic financial institutions in the Russian Federation (lawyers pay attention to this, the article "Islamic arbitration: a distant prospect or a new reality" on the Internet portal is devoted to this problem "Право.ги "), who are ready to invest in our country and can be major participants in civil turnover. The main problem is the different approaches of the two legal systems to some relations, and, it is worth noting, the main contradiction is the large number of restrictions on the part of Islamic law. The authors of this study see the problem of conflict resolution in the creation of a separate Arbitration focused on resolving disputes with Islamic financial institutions (credit organizations), or amending the regulations of existing arbitration centers that sharia norms will be partially applied in disputes with such institutions, if such norms are fixed in the contract. Thus, the Russian Federation will include the system of Islamic law by recognizing Sharia norms as dispositive. Professor L.R. Syukiyainen also points to this approach, while saying that the application of modern Islamic norms implies following the principle that "if the legislation does not allow actions in accordance with Sharia, it is necessary to find an alternative solution that will not violate the law, but will allow the implementation of Sharia" ^[16]. It is more important to achieve the very essence of sharia than to observe the form. It is difficult to disagree with all of the above, this approach can help win the trust of investors from Islamic countries, which can increase the flow of investments to the Russian Federation.

Malaysia's experience of combining mediation and arbitration in their Muslim understanding is interesting. Mediation itself is a milder way of settling a dispute, which is more likely to be able to maintain the most friendly relations between business partners. Thus, the inclusion of the provision on the preliminary mediation process before the arbitration process in the standard arbitration clause contributes to the possibility of the most peaceful resolution of the conflict, and the indication of the offset of mediation costs in the arbitration rules and the implementation of this provision, mitigates the dissatisfaction of the parties in the failure of the mediation procedure, and also removes the main argument to proceed immediately to arbitration. It is quite possible to adopt such experience on the territory of the Russian Federation by including similar provisions in the arbitration clauses of arbitration centers operating on the territory of the Russian Federation, as well as in their interaction with the previously mentioned mediation center.

Malaysia's experience in the framework of the provisions on mandatory mediation in certain disputes is also interesting. Such an approach is possible in the Russian Federation, but only after a thorough study of the areas where it is most often possible to settle disputes peacefully. So far, only family legal relations are seen as such a sphere, because they are often strongly emotionally colored, and working with a qualified mediator will help the parties to assess the situation more soberly.

The use of a Fatwa to resolve the conflict is possible only for those who listen to it. In a dispute between a Muslim and a person who holds different views on the world, the application of any rules is possible only with mutual respect for each other's culture and other values. This remark is valid for the entire APC process, not just for the Fatwa. Only by striving for peace through mutual respect is it possible to reach great heights in the relations between people.

 Summing up the results of the study, we can highlight such problems as different regulation of some legal institutions by different legal systems, as well as the non-proliferation of ADR methods in the territory of the Russian Federation. It is worth noting that the countries where Islamic law prevails have enough experience that can be used on the territory of the Russian Federation, in particular the experience of Malaysia related to the combination of mediation and arbitration, to increase the degree of convenience of using ADR in the Russian Federation. It should be understood that some methods enshrined in Islamic law cannot be implemented on the territory of the Russian Federation (for example, Wali al-Mazalim) due to the impossibility of applying institutions associated with the state based only on religious norms. But it is worth paying attention to such methods of APC as Sulh and Fatwa. These methods can be used in Russia both between Muslims, which is obvious, and between people of different views with mutual respect for such views. How can a person who is not a Muslim understand that his relationship with his partner is regulated by Sharia? It is proposed to agree on this already at the beginning of the relationship. Despite the fact that Tahkim and Med-Arb are more formal ways of ADR, they also allow the parties to agree on the application of Islamic law to legal relations. It is also proposed to amend the current legislation, which will allow specifying sharia norms in contracts, if they do not contradict the norms of the Russian Federation. This innovation will allow Muslims to defend their rights not only with the help of the APC, but also using the right of judicial protection in national courts. All of the above indicates that the application of ADR methods enshrined in Islamic law is possible on the territory of the Russian Federation, but some steps should be taken to improve the application of ADR in the Russian Federation as a whole, by making some changes to the legislation, in particular, on the possibility of applying Sharia norms when they are specified in the contract, if they are not directly contradict the legislation of the Russian Federation.