Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System
About 70% of disputes in rural Bangladesh are solved through traditional arbitration system known as shalish. As an informal traditional system shalish is commonly viewed as having no established structure and operational procedure. Though Bangladesh is a Muslim country with 90% of its population as...
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| Summary: | About 70% of disputes in rural Bangladesh are solved through traditional arbitration system known as shalish. As an informal traditional system shalish is commonly viewed as having no established structure and operational procedure. Though Bangladesh is a Muslim country with 90% of its population as Muslims, it pursues a secular approach in its state management and legal system. Therefore, it is important to ensure that the shalish system operates in conformity with the Islamic norms of dispute resolution. So far, no study has been made in this respect. This study is an attempt in this direction to fill this gap. It studies the structure and scenario of operational processes and effectiveness of shalish and scope for enhancing its efficiency by integrating Quranic Approach. It looks into and reflects on the formal judicial system, rural dispute resolution system run by the government through village court and arbitration council and NGO-led shalish system in the country. However, the focus of the study is on the informal traditional shalish system. The study has applied the qualitative approach of research methods. Data were collected from both primary and secondary sources. Primary data were collected through observations of a few shalish events in villages and taking face-to-face interviews with various shalishkars and disputants. The major findings of the study are 1) contrary to the common understanding, shalish is found to have a traditionally (unwritten) maintained structure and operational procedure. 2) The traditional shalish is playing a vital role in resolving disputes in the rural areas for both poor and rich people with the poor more beneficiary from it. 3) Shalishkars are generally common people having no or very little literacy, but with long experience, ability and skill for the job. 4) Establishment of justice is the main objective of sending the messengers with clear Signs. For this purpose, it has been sent down with them the Book and the Balance of Right and Wrong. The holy Quran promotes just and knowledgeable mediator. Thus for a batter performance, the shalishkars need clear knowledge about Quranic approaches of sulh, tahkim and an approach blended with sulh and tahkim as mentioned for family dispute resolution on necessary basis and other approaches that societies improved in course of time for social dispute resolutions on condition that they are in compliance with Quranic approaches and favourable to achieve the main objective of establishment of justice. 5) Legal and moral education from Islamic legal personalities will help them in this regard. Khatibs in their juma sermon must address the dispute resolution issues from time to time. All involved in dispute resolution following the traditional methods specifically in rural areas are likely to get immensely benefit from the findings of this study. |
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