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Islamic Law and Alternative Dispute Resolution Mechanism with Special Reference to Matrimonial Disputes

Faizanur Rahman , Faizanur Rahman , Mohammad Haroon

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Indian Journal of Law and Human Behavior 6(1):p 9-14, January-June 2020. | DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.6120.1

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Faizanur Rahman, Mohammad Haroon. Islamic Law and Alternative Dispute Resolution Mechanism with Special Reference to Matrimonial Disputes. Indian J Law Hum Behav 2020;6(1):9–14.
 

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

At present we are passing through a transitional period, our social values are changing and new challenges in all walks of life are emerging rapidly. It is frequently evident that in all the communities throughout the world matrimonial disputes are ever at the top. Although in all the legal systems several provisions have been made for preventing disputes and providing a way for the resolution of Matrimonial Disputes. But with emerging conflicts among family members, matrimonial disputes are rising day by day and becoming difficult to resolve. The Holy Quran, the final book of divine guidance for humanity, revealed by Allah (God) to His Prophet Muhammad (PBUH) provides a full range of laws for the resolution of all kind of disputes either public or private. Almost, its eighty verses deal with family matters and provide clear rules and guidelines for the peaceful resolution of matrimonial disputes. Islamic law derived from the Holy Quran and Hadiths leads to Alternative Dispute Resolution (ADR) System for the resolution of Matrimonial Disputes. Under Islamic law, civil and petty criminal disputes are strongly recommended to be settled through Negotiation, Mediation, Conciliation, Arbitration, which are the tools of Alternative Dispute Resolution. This paper finds, Alternative Dispute Resolution system may lead to a better, faster, and less expensive resolution of disputes than other traditional systems of resolution. The objective of this paper is to explore and analyse Islamic law on Alternative Dispute Resolution System, its implications on modern Alternative Dispute Resolution system and to find out the effective solution of matrimonial disputes with the help of Islamic law on Alternative Dispute Resolution techniques. It is a qualitative research based on secondary data; basically, The Quran and Hadith of the Prophet Muhammad are consulted.

Keywords: ADR; Matrimonial Disputes; Holy Quran; Hadith; Islamic Jurisprudence; Administration of Justice.

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Cite this article

Faizanur Rahman, Mohammad Haroon. Islamic Law and Alternative Dispute Resolution Mechanism with Special Reference to Matrimonial Disputes. Indian J Law Hum Behav 2020;6(1):9–14.
 

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DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.6120.1

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