Alternative Dispute Resolutions in Islamic Law with Special Reference to Pakistani Legal System

Abstract

Alternative Dispute Resolution (ADR) is often assumed to have arisen and originated in the West over the last few decades. Different countries are bolstering their alternative dispute resolution mechanisms, with arbitrations gaining a significant advantage. Arbitration is a well-known and commonly used type of ADR. In any kind of conflict settlement, arbitration is a preferable method. Furthermore, under Islamic law, arbitration takes precedence over judgement. The fundamental goal of dispute resolution in tribal and Islamic civilizations is collectivity. The purpose of this study is to examine dispute resolution processes in Islam. Many Islamic jurists, on the other hand, say that ADR methods such as negotiation, mediation, mediation-arbitration, and arbitration have been used in Islam for over 1400 years and are described in the Qur’ān. Pakistan is in the process of enacting effective laws and policies to support the ADR process. The Arbitration Act of 1940 should be examined. The applicability of international conventions should also be considered. This study examines the state of arbitration legislation in Pakistan, taking into account both domestic and international laws. Furthermore, for the critical study of secondary evidence accessible on the notion of ADR, both in conventional and Islamic law, the content analysis approach of the qualitative research method has been applied.