ANALYSING THE ENFORCEABILITY OF (SULH) AS AN ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISM UNDER ISLAMIC LAW
Conflicts in every Human endeavor are inevitable, like the 
question, “Are grass green?” However, the most important 
aspect of every human dispute throughout history and 
existence is that no matter how long the conflict lasts its 
terminal point is an amicable settlement. This paper 
explores the rich tradition of (sulh) Alternative Dispute 
Resolution (ADR) in Islamic law and delves into the 
concept which encompasses among other things Mediation 
( Wasatah or tadakhul), Arbitration (Tahrim), Ombudsman 
(Hisba), Expert Determination/Neutral evaluation (fatwah), Conciliation ) and Negotiation (Al-tafawud) in Islamic practices. Using doctrinal 
methodology this paper analyses the enforceability of 
conflict resolution mechanisms in Islamic legal system in 
order to promote its application and enforceability in a 
court of law. The paper has found that there is no codified 
legal framework for the procedures and way of 
enforceability of agreements concluded by way of it 
is therefore recommended that should be formally 
recognized by codifying a framework for its procedure and 
enforceability by Shari’a Courts
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