The Application of Sulh in Resolving Community Disputes

Abstract

Sulh is a method of dispute resolution in Islam through a third party provided by the Quran. The Malays had from the time of Malacca Sultanate practised amicable settlement or mediation to resolve their disputes. Even though, it was not called Sulh directly, the principles are the same. However, the practice of this traditional dispute resolution method faded upon the introduction of Charter of Justice in Malaya. Consequently, the period of court proceedings or litigation has begun. After 50 years of independence, now the government is promoting amicable settlement or mediation as a method of dispute resolution. Perhaps, the effort is to revive the traditional method of dispute resolution in a new form, i.e., formal or institutionalise dispute resolution. This paper will refer to the practice of Sulh during the time of the Prophet (peace be upon him) and his companions and the amicable settlement practised by the Malays to promote application of Sulh in family disputes and as a program to be introduced in Islamic Schools and universities in Malaysia.