Practices of settling family disputes in Shariah and Pakistan law.

Abstract

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.