THE CONCEPT OF SULH IN ISLAMIC LAW: A CASE STUDY OF THE PRACTICE AND PROCEDURE OF THE KATSINA STATE SHARIA COURTS
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ABSTRACT
This study entitled “The Concept of Sulh in Islamic Law: A Case Study of the Practice
and Procedure of the Katsina State Sharia Courts” has examined the concept of Sulh as
a type of dispute resolution in which a third party intervenes to help disputing parties
reach a mutually satisfactory agreement and the practice thereby in Katsina State Sharia
Courts (KSSC). The research work is predicated upon the problem of the volume of cases
coming before the KSSC and the latent absence of formal adoption of the rules and
principles of Islamic law relating to amicable settlement of disputes within the judicial
setting in Katsina State. The main objective of this work therefore, is to offer a highlight
on the concept of Sulh as the Islamic perspective of Alternative Dispute Resolution
(ADR). To achieve this, doctrinal and empirical methods of legal research was adopted.
It is argued that Islamic law contemplate amicable resolution of disputes some 1400
years ago right from the 7th Century A.D. in advance of any Western move on the subject
and in view of this, it was observed that, in its Islamic law conception, Sulh is one of the
characteristic features of administration of justice in Islamic law. It was also recommended that there shall be accessibility by all persons to the Sulhu-Door facility of the KTMDCH instead of being centralized in Katsina metropolis alone.It is also recommended that the Sharia Court
Rules and the Sulhu-Door Rules of Katsina State should be amended to additionally
reflect the rules and principles of the Shariaor where possible, their replacement with a
purely Sharia-based rules of procedure for the Sharia Court and the Sulhu Door
respectively.
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CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
Socially, it is understood that the nature of human being as a social animal indicates that
man doesn’t live in isolation but interact and interrelate with others in his daily life
regarding all aspects of human endeavors. And it is natural that once a group of people
live together, there may be difference of opinion, thought, taste, temperament, inclination
and behavior among individuals which differences may lead to dispute, conflict or
misunderstanding among people. When these negative attitudes arose, the Sharia does not
leave this kind of disgruntle state of conflict unchecked but provided a means of its
resolution. The mechanisms for the resolution of disputes envisaged under the Sharia
may take the form of litigation before a court of law (i.e., al-qada‟u) or its amicable
settlement (i.e., As-Sulh). Each of these two mechanisms has its own peculiarities.
As there are many fields of human endeavors, so do disputes or conflicts arose and
permeate these fields – be it social, economic, political, etc., and the Shariah had
recognized and institutionalized Sulh (amicable settlement) as a dispute resolution
mechanism in addition to litigation so as to restore peace and tranquility among the
Muslim Ummah.
Katsina State being one of the 36 States of the Federal Republic of Nigeria has inherited
the deeply rooted application of Shariah in its judicial system from the then Sokoto
Caliphate.1
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