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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