SULH FACTS AND EFFECTS IN SHARI‘AH VIS-A-VIS EFFICACY OF PAKISTANI STATUTES AND EFFICIENCY OF THE JUDGES

Abstract

This work probes the notion of ÎulÍ with its minute details, in the context of ADR (Alternative Dispute Resolution). It discovers the generic term IÎlÉh as one of the corresponding SharÊ‘ah’s phenomenon to ADR of the conventional law. It argues that the mechanism and structure provided by the SharÊ‘ah for resolution of disputes through informal techniques is highly simple, easily understandable, vastly practicable, more expeditious in bringing finality to the issue, and above all, it is free of cost. It determines the criterion of fitness of a case for ÎulÍ and explores that ÎulÍ could be affected both in civil and criminal areas including major issues of the ×udËd offenses. The work also covers the details of the subject in Pakistani legal system, with special reference to the efficacy of Pakistani Statutes, and efficiency of the learned judges on the subject. Legal effects of ÎulÍ, both in the SharÊ‘ah and law, have been discussed comprehensively. Proposals and suggestions for improvement also form part of this work. Being the very common and efficient method in legal research so far, the qualitative research technique has been adopted in the present work, where the content analysis of the secondary data, available in the SharÊ‘ah and law on the subject under investigation, has been made with minute details.