Islamic Mediation Principles (Islah and Sulh) and Pakistan's Mediation Framework

Abstract

Rich concepts of conflict resolution were developed in classical Islamic jurisprudence, such as islah and sulh, whose meanings emphasise reconciliation, the restoration of harmony among people, and the fulfilment of rights within the scope of Shariah. Although many of the functional attributes of these classical mediation systems are common to contemporary mediation, Islamic connotations of sulh and Western statutory mediation systems are disputed in Muslim-majority countries. This article explores Qur'ānic and prophetic (Sunnah) grounds for islah and sulh, examines the way these concepts have been worked out in the four Sunni schools of law, and reviews the extant Islamic theories of amicable settlement that have been introduced into modern notions of ADR in jurisdictions like Malaysia, Indonesia, and the Gulf regions and compares them with the ADR Act 2017 and the Islamic framework for family law in Pakistan. It ends with a three-step integration model that can enable Pakistan to bring its mediation into closer alignment with Islamic principles, without compromising constitutional rights and international obligations.

Keywords: Islah, Sulh, Islamic Mediation, Pakistan, Shariah, ADR, Reconciliation and Family Disputes.