Resolution of Marital Discord under Muslim Law

An Appraisal in Contemporary Context

Abstract

The paper explores the concept of “Sulh,” an Islamic approach to Alternative Dispute Resolution (ADR), focusing on its application in resolving marital discord. Rooted in the primary sources of Muslim law—namely the Quran, Sunnah, and Hadith—”Sulh” emphasizes amicable settlements while upholding the moral and spiritual values of Islamic law. This study examines the historical origin of “Sulh,” its religious and legal sanctity, and its practical application in marital disputes.
While the concept of “Sulh” has been institutionalized in various ways, its implementation in India remains uncertain. Using a doctrinal and empirical approach, the researchers analyze the importance of “Sulh” and its judicial recognition in India. Landmark judgments, such as Shamim Ara v. State of U.P., have underscored the necessity of pre-divorce reconciliation in alignment with Quranic mandates.
The paper further highlights the limited awareness and adherence to the practice within the Muslim community in India. It emphasizes the lack of legislative and institutional frameworks to support the adoption of “Sulh.” Through this analysis, the authors explore whether adopting “Sulh” in its true spirit can mitigate marital disputes, reduce divorce rates, and alleviate the burden on courts.
Additionally, the paper discusses how relevant institutions must prioritize the practical implementation of amicable settlements over pushing marital discord towards dissolution. This approach ensures that the underlying principles of “Sulh” are effectively realized, fostering harmony within the Muslim community.