Islam is not just a religion; it is an exhaustive way of life. Din-the Arabic word
for religion, encompasses, theology, scripture, politics, morality, law, justice,
and all other aspects of life relating to the thoughts or actions of men...it is not
that religion dominates the life of a faithful Muslim, but that religion...is his life.
The Shari'ah regulates all aspects of life, ethical and social, and to encompass
criminal as well as civil jurisdiction. Every act of believers must conform to
Islamic law and observe ethical standards derived from Islamic principles.
Dispute settlement is one of the fundamental affairs of the Muslim as he was
ordained to do so peacefully and this was declared as best way of resolving
problems among them. Arbitration and amicable settlement (sulh) have a long
history within Arab and Islamic societies and have their roots in pre-Islamic
Arabia. Sulh is the preferred result and process in any form of dispute
resolution. Further, arbitration is favoured to adjudication in Islamic
jurisprudence. In tribal and Islamic cultures, the overarching objectives in
conflict settlement are collectively. Sulh or reconciliation is becoming an
alternative problem solver in many cases lately. It is a mutual agreement
between the conflicting parties so that the dispute is solved amicably. Many
people assume that sulh is only applicable in civil cases. Nevertheless, in
Islamic law sulh is also applicable in criminal cases particularly in homicide
and bodily injury cases.
