SULH: TOWARDS A MORE COMPREHENSIVE UNDERSTANDING OF THE PROCESS
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. There has been strong growth in Alternative Dispute Resolution (ADR) in recent year. Sulh is one of the main processes of alternative dispute resolution under Islamic law. This paper aims to discuss, analyse and scrutinise the process of sulh. In order to do so, it is proposed that the following issues are examined in more depth: (a) An in-depth examination of the word sulh, including its elements. (a) Legality and advantages of sulh. It is qualitative research. The information has been taken from many readings, articles, books, newspapers. The Holy Quran and Hadith of the Prophet Mohammad (SWA) has also been used as a source by the researcher.
Barrett, J. T., & Barrett, J. (2004). A history of alternative dispute resolution: The story of a political, social, and cultural movement. John Wiley & Sons.
Edge, I. (2013). Islamic Finance, alternative dispute resolution and family law: developments towards legal pluralism?.
Goldberg, S., Green, E. D., & Sander, F. E. (1985). Alternative Dispute Resolution (p. 330). Boston: Little, Brown.
Islam, M. Z. (2012). Provision of Alternative Dispute Resolution Process in Islam. Journal of Business and Management, 6 (3).
Islam, M. Z. (2013). Legal Enforceability of ADR Agreement. International Journal of Business and Management Invention. Volume 2 (1), 40-43.
Mnookin, R. (1998). Alternative dispute resolution.
Oseni, U. A. (2009). Dispute resolution in Islamic banking and finance: current trends and future perspectives.
Oseni, U. A., & Ahmad, A. U. F. (2015). Dispute resolution in Islamic finance: A case analysis of Malaysia. Ethics, Governance and Regulation in Islamic Finance, 125.
Sajoo, A. B. (2014). Islam, the Shari'a and Alternative Dispute Resolution: Mechanisms for legal redress in the Muslim community by Mohamed M Keshavjee.
Shippee, R. S. (2002). Blessed are the peacemakers: Faith-based approaches to dispute resolution. ILSA J. Int'l & Comp. L., 9, 237.
Sourdin, T. (2008). Alternative dispute resolution (pp. 1-490). Thomson Lawbook Company.
Yilmaz, I. (2003). Muslim alternative dispute resolution and neo-ijtihad in England. Alternatives: Turkish Journal of International Relations, 2(1).
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