The concept of Divorce in Quran and Sunnah, and adopting Alternative Dispute Resolution for Separation and Reconciliation
Keywords:
Divorce, Quran, Sunnah, Alternative Dispute, Resolution, Separation, ReconciliationAbstract
Divorce has been often viewed negatively throughout history owing to different societal and familial considerations. It is often referred to as a breach of a covenant, a departure from one's solemn obligations, carelessness, or a transgression of one's moral and ethical standards. Divorce stigma can be related to a variety of problems, but it typically stems from the idea that it is a failure. There are a number of verses in the holy book "Quran" that go into length about divorce. In Islam, divorce is a legal way to end a marriage, however, it is discouraged and seen as undesirable. The teachings of the Prophet Muhammad (صلى الله عليه وسلم) and the Quran discourage divorce and stress the value of preserving a sound and stable marriage. Prophet Muhammad (صلى الله عليه وسلم) have made it clear that divorce is probably the most horrible thing that Allah has made lawful. Alternative Dispute Resolution (ADR) mechanisms are a group of strategies used to settle legal disputes and disagreements outside of the conventional courtroom setting. Due to its perceived benefits over conventional litigation, alternative dispute resolution (ADR) has achieved significant acceptability among the general population and the legal community. Current study focus on the issue of divorce, different ADR approaches, concept of ADR in Quran and Sunnah. Even though the ADR is not mentioned directly in the Quran or Sunnah but there are concepts in Quran and Sunnah that are relevant to modern concept of ADR. The study has discussed these concepts in detail.
References
Abusomwan, J. O. "Prospects and Challenges of Resolving Marriage Disputes through Alternative Dispute Resolution Mechanisms." IRLJ 5 (2023): 146.
Chowdhry, Aisha, Pakistani women turn to once-taboo divorce to escape abuse, 9 JANUARY, 2013, Available: https://www.reuters.com/article/uk-pakistan-divorce-idUKBRE90806B20130109
Akinbuwa, A. A. "Citizens Mediation Center and Multi-Door Courthouse in Lagos State." Law, Politics and Development (2010): 327.
ATTAULLAH, QAZI, and LUTFULLAH SAQIB. "Tracing the Concept of ADR in SharÊ ‘ah and Law–A Comparative Study." Hamdard Islamicus 39, no. 3 (2016).
Bush, Robert A. Baruch. "A Pluralistic Approach to Mediation Ethics: Delivering on Mediation's Different Promises." Ohio St. J. on Disp. Resol. 34 (2019): 459.
CHRIS TORRONE, IS THERE A STIGMA SURROUNDING DIVORCE? 2022, Available: https://torronelaw.com/is-there-a-stigma-surrounding divorce/#:~:text=The%20stigma%20surrounding%20divorce%20is,incredibly%20powerful%20force%20for%20change
Cole, Abby, Elaine Ducharme, Wendy Habelow, and Elizabeth Thayer. "Collaborative divorce: A paradigm shift in theory and practice." Practice Innovations (2023).
Daicoff, Susan. "Collaborative law: A new tool for the lawyer's toolkit." U. Fla. JL & Pub. Pol'y 20 (2009): 113.
Garcia, Angela Cora. How Mediation Works. Cambridge University Press, 2019.
Gray, John, and John Gray. Men are from Mars, women are from Venus. Harper Audio, 1993.
Iftekhar, Ramsha, Dua Wajid Khan, and Fatima Wattoo. "Critical Analysis of Mediation Law of Islamabad (Alternative Dispute Resolution Act, 2017)." Islamabad Law Review 6, no. 1 (2022): 40-56.
KHAKIMOV, Saidilyos. "Arbitration (Tahkim) And Reconciliation (Sulh) In Islam As Alternative Dispute Resolution Mechanisms." The Light of Islam 2020, no. 4 (2020): 31-37.
Malik, Olufadi Lanre Abdul, and Farah Salwani Binti Muda. "The concept of reconciliation (Sulh) in Islamic family law and matrimonial dispute settlement practice in Nigeria." Peak Journal of Social Sciences and Humanities 3, no. 1 (2015): 1-7.
Maqsood, Ammara. "Love as understanding: Marriage, aspiration, and the joint family in middle‐class Pakistan." American Ethnologist 48, no. 1 (2021): 93-104.
M The Express Tribune. “Muhammad Ali Falak, Author at The Express Tribune,” n.d. https://tribune.com.pk/author/11890/muhammad-ali-falak.
Tribune. “Lahore Sees Uptick in Divorce Cases.” The Express Tribune, August 31, 2022. https://tribune.com.pk/story/2374037/lahore-sees-uptick-in-divorce-cases.
Noone, Michael. "Mediation–Essential Legal Skills." (1996).
Ravala, Salman. "Alternative Dispute Resolution in Pakistan." (2008).
Tribune. “Divorce, Still a Social Stigma!” The Express Tribune, May 5, 2021. https://tribune.com.pk/article/97374/divorce-still-a-social-stigma.
Shapira, Omer. "The Challenge of Developing Genuine Pluralism in Mediation Ethics: A Reply to Professor Robert A. Baruch Bush." Ohio St. J. on Disp. Resol. 36 (2020): 311.
Stempel, Jeffrey W. "Reflections on judicial ADR and the multi-door courthouse at twenty: fait accompli, failed overture, or fledgling adulthood." Ohio St. J. on Disp. Resol. 11 (1996): 297.
SUNAN ABI DAWUD 2177 Book 13, Hadith 3.
SUNAN ABI DAWUD 2178 Book 13, Hadith 4.
SUNAN ABI DAWUD 2194 Book 13, Hadith 20.
SURAH AL-HUJURAT (49:9).
SURAH AN-NISA (4:65).
SURAH AN-NISA (4:128).
Timsal, Rizwana. "Risk Factors for Intimate Partner Violence (IPV) During Pregnancy-Review from Pakistan." J. Xi'an Shiyou Univ 6, no. 19 (2023): 796-812.
Walker, George K. "Family Law Arbitration: Legislation and Trends." J. Am. Acad. Matrimonial Law. 21 (2008): 521.
Yunus, Haerunnisa, Rusli Rusli, and Abidin Abidin. "The concept of a marriage agreement in the compilation of Islamic law." International Journal of Contemporary Islamic Law and Society 2, no. 2 (2020): 33-45.
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Copyright (c) 2023 Abdul Rasheed Boghio, Mujeeb Rehman Khuhro1, Shakeel Ahmed
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