تلخیص
Generally the Dispute resolution extra judicially refers to the process of
Arbitration, Mediation, and Negotiation. The process is used by the parties
either before or after the dispute has arisen. Such processes are of great
flexibility, costing low than traditional litigation and the speedy resolution of
disputes along with other perceived advantages. The practice of arbitration
was approved of in the Qur’an, particularly in the matrimonial context.
It is quite clear that the Pakistani law is not making a full use of the
basic principles of Quran and Sunnah. The Arbitration clauses used in the
Family Law are never being effective rather they have been just formality after
the divorce is being pronounced by the family judge. The only attempt made by
the family judge in the beginning of reconciliation is not backed by the basic
provision of Quran and Sunnah. If the Arbitration is done along with the
reconciliation by the judge and making the parties bound by the decision of
the Arbitrators, better results can be achieved. It shall be noted that while
enacting the procedural law for Tahkim in the present day court system, the
legislators keeping the basic principles given by Quran and Sunnah, given by
the jurists and specially the Maqasid of Shariah can enact Arbitration
procedural laws for themselves.
Maleeha , Zahoor Alam. (2019) Practices of settling family disputes in Shariah and Pakistan law., Al-Azhāar, Volume 5, Issue 2.
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