Comparative Analysis of Shariʽah and Existing Law Regarding Arbitration

احکام صلح سے متعلق شرعی اور وضعی قوانین کا تقابلی جائزہ

Abstract

The purpose of this article is to bring forth the “Sulḥ” (Compromise/Arbitration/ReConciliation) laws in Islamic Jurisprudence and some topics related to these, such as Definition of Sulḥ, its Elements, its Ruling, its Terms and conditions and its implementation, in a perceptible way, and to form a holistic approach towards the understanding of those Articles and Sections of existing law ACT’s, such as Civil Procedure Code (CPC) 1908, Code of Criminal Procedure (CRPC) 1898, Pakistan Penal Code (PPC) 1860, The Family Court Act 1964, The Transfer of Property Act (TPA) 1882, The Partnership Act 1932, Contract Act 1872 and Limitation Act 1908, which is in practices in Pakistani Courts in Sulḥ Laws, It is crystal clear that Courts laws of a country serves as backbone for the society. If the Existing law of a country is clear and properly codified, its implementation would be easy for the courts; therefore it has been targeted in this article to compare Islamic law of Sulḥ (Compromise) to the Existing law of Pakistan for Compromise, to highlight the similarities and contrasts between both Islamic and Existing laws.