Alternative Dispute Resolution in Islamic Law: Analysis on the Practice of Sulh

Hisham Hanapi, Mohd Izzat Amsyar Mohd Arif

Abstract: The legal adjudication by courts is now facing an increasing numbers of cases from time to time. As a result, this method of dispute resolution is now likely incapable of delivering the goods because of time consumption and expense. Thus, the need has been felt for quite some time for alternative modes of dispute resolution. Nowadays practice, Alternative Dispute Resolution (ADR) has become an effective dispute resolution and people praise it due to its ability to provide solutions by using different tools, rather than by using one tool to fit all needs. From Islamic law point of view, the practice of Al-Sulh as one method of the ADR. Sulh is one suggestion that has been enacted by Al-Qur'an, Al-Sunnah and Ijma’. This paper is explaining the Alternative Dispute Resolution in the view of Islamic law. It is proposed that since early era of Islam, ADR had been practiced through Sulh practice.

Keywords: the Alternative Dispute Resolution, Sulh, Islamic Law.

Title: Alternative Dispute Resolution in Islamic Law: Analysis on the Practice of Sulh

Author: Hisham Hanapi, Mohd Izzat Amsyar Mohd Arif

International Journal of Social Science and Humanities Research 

ISSN 2348-3156 (Print), ISSN 2348-3164 (online)

Research Publish Journals

Vol. 6, Issue 2, April 2018 – June 2018

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Alternative Dispute Resolution in Islamic Law: Analysis on the Practice of Sulh by Hisham Hanapi, Mohd Izzat Amsyar Mohd Arif