The Application of Sulh in Resolving Community Disputes

Hak, Nora Abdul; Khan, Hanna Ambaras

doi:10.2139/ssrn.2346869

Cited by 2 publications

(3 citation statements)

References 8 publications

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Section: Introductionmentioning

confidence: 99%

“…Sulh was continually practised during the time of Prophet Muhammad PBUH and was modified to conform to Islamic ideals (Abdul Hak & Khan, 2013). It is still in effect in various Arab nations (Abdul Hak & Khan, 2013). Alternative Dispute Resolution (ADR) is not a new concept in the legal system (N. Khalidah Dahlan & Palil, 2018).…”

Section: Introductionmentioning

confidence: 99%

“…Practised abroad but lately reintroduced, it is generally recognized within the legal profession, namely in Malaysia. Mediation has historically been employed even when it was not stated as sulh (Abdul Hak & Khan, 2013). a combination of Malay traditions and Shafi'i School of Law, based on Islamic law (Abdul .…”

Section: Introductionmentioning

confidence: 99%

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Strengthening Mediation in Neighbourhood Dispute: An Islamic input

Asbullah

Mohamad

Abdullah

et al. 2021

E-BPJ

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Mediation (sulh) is a method of dispute resolution that has just been revived and gaining traction currently. In Malaysia, the implementation of sulh is limited to the resolution of matrimonial disputes. This solution has proven to be effective as it confirms the understanding of the parties. This paper explores the role of sulh in resolving neighbourhood disputes in the built environment from an Islamic perspective. This qualitative study uses the content analysis method of Kitab Al-Ghayah Wa Nihayah. It was found that integrating sulh helps reduce legal disputes and strive for the social welfare of society. Keywords: built environment; mediation; neighbourhood disputes; sulh eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6iSI5.2924

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Strengthening Mediation in Neighbourhood Dispute: An Islamic input

Asbullah

Mohamad

Abdullah

et al. 2021

E-BPJ

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The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

Hoque¹,

Zarif²

2020

Maalim

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Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

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The Application of Sulh in Resolving Community Disputes

Cited by 2 publications

References 8 publications

Strengthening Mediation in Neighbourhood Dispute: An Islamic input

Strengthening Mediation in Neighbourhood Dispute: An Islamic input

The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

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