The Application of Sulh in Resolving Community Disputes

Paper presentation at in 1st World Congress on Integration and Islamicisation of Acquired Human Knowledge (FWCII-2013), Prince Hotel & Residence, Kuala Lumpur.

21 Pages Posted: 31 Oct 2013

See all articles by Nora Abdul Hak

Nora Abdul Hak

International Islamic University Malaysia

Hanna Khan

International Islamic University of Malaysia (IIUM) - Ahmad Ibrahim Kulliyyah of Laws

Date Written: August 24, 2013

Abstract

Sulh is a method of dispute resolution in Islam through a third party provided by the Quran. The Malays had from the time of Malacca Sultanate practised amicable settlement or mediation to resolve their disputes. Even though, it was not called Sulh directly, the principles are the same. However, the practice of this traditional dispute resolution method faded upon the introduction of Charter of Justice in Malaya. Consequently, the period of court proceedings or litigation has begun. After 50 years of independence, now the government is promoting amicable settlement or mediation as a method of dispute resolution. Perhaps, the effort is to revive the traditional method of dispute resolution in a new form, i.e., formal or institutionalise dispute resolution. This paper will refer to the practice of Sulh during the time of the Prophet (peace be upon him) and his companions and the amicable settlement practised by the Malays to promote application of Sulh in family disputes and as a program to be introduced in Islamic Schools and universities in Malaysia.

Keywords: Education, Malacca Sultanate, Mediation, Peninsula Malaysia, Sulh, School

Suggested Citation

Abdul Hak, Nora and Khan, Hanna, The Application of Sulh in Resolving Community Disputes (August 24, 2013). Paper presentation at in 1st World Congress on Integration and Islamicisation of Acquired Human Knowledge (FWCII-2013), Prince Hotel & Residence, Kuala Lumpur., Available at SSRN: https://ssrn.com/abstract=2346869 or http://dx.doi.org/10.2139/ssrn.2346869

Nora Abdul Hak

International Islamic University Malaysia ( email )

P.O. Box 10
Jalan Gombak
Selangor, 50728
Malaysia
60361964230 (Phone)
60361964854 (Fax)

HOME PAGE: http://www.iium.edu.my/

Hanna Khan (Contact Author)

International Islamic University of Malaysia (IIUM) - Ahmad Ibrahim Kulliyyah of Laws ( email )

P.O. Box 10, 50728
Kuala Lumpur
Malaysia

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