EXPLORING SULH IN ISLAMIC CASES: TOWARDS ENHANCING ADMINISTRATION OF JUSTICE IN SHARIA COURTS IN NIGERIA
The origin of is as old as Islam itself, because it came 
along with Islam. The treaty of Hudaybiyyah is the 
classical example of the practice of sulh in Islam where it 
was initiated between Prophet Muhammad (PBUH) and the 
representatives of the Makkah oligarchy. Just like the 
conventional ADR where the advantage outweighs the 
disadvantage, so also sulh have far reaching advantage than 
litigation. The concept enhances and restores cordiality, 
mutuality and forbearance among the disputants and of 
course it saves time and cost for parties and courts. 
Considering this therefore, it is apposite that Sulh in 
Islamic cases should be encouraged and employed with a 
view to enhancing and speeding the administration of 
justice in our Sharia courts. In using the doctrinal 
methodology, the Qur’an and Hadith were consulted, the 
secondary source was also consulted and other sources of 
Islamic law. This article finds that the practice of Sulh is 
facing some challenges because it is not encompassed in 
any law, like the way the Sharia Penal Code law, Sharia 
Court Law and Sharia Court (Civil Procedure) Rules were 
legislated because those items fall within the legislative 
competence of the State Houses of Assembly. This article 
recommends among others, that the Sharia Alternative 
Dispute Resolution Law and Rules based on Islamic law be 
made by the States implementing Sharia to further 
strengthen the practice of sulh in our Sharia Courts. 
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