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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Universiti Sains Islam Malaysia |
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Administrative procedure--Bangladesh |
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Administrative procedure--Bangladesh Muhammad Rafiqul Haque Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
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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. |
| format |
Thesis |
| author |
Muhammad Rafiqul Haque |
| author_facet |
Muhammad Rafiqul Haque |
| author_sort |
Muhammad Rafiqul Haque |
| title |
Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
| title_short |
Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
| title_full |
Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
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Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
| title_full_unstemmed |
Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System |
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quranic approach to dispute resolution:an analytical study of contemporary rural dispute resolution in bangladesh with special reference to shalish system |
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Universiti Sains Islam Malaysia |
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my-usim-ddms-130592024-05-29T20:18:45Z Quranic Approach To Dispute Resolution:An Analytical Study of Contemporary Rural Dispute Resolution In Bangladesh with Special Reference To Shalish System Muhammad Rafiqul Haque 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. Universiti Sains Islam Malaysia 2020-12 Thesis en_US https://oarep.usim.edu.my/handle/123456789/13059 https://oarep.usim.edu.my/bitstreams/2b88350a-3e1d-4434-bf19-18f55a1b20a1/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/351f1861-2f1f-4878-b983-00158c042cca/download c7d5fadaf248d64d1326f9e94b94ed31 https://oarep.usim.edu.my/bitstreams/095317c0-c41c-4150-9112-2f16da8e48cb/download 9b9ef4ce80f1c310260cab0e30209cab https://oarep.usim.edu.my/bitstreams/0b70c4db-2dcc-4f06-b54d-7463a8ec840a/download c22982167b1f82ddcc498f605567ea95 https://oarep.usim.edu.my/bitstreams/4cf6d9b8-1592-4677-a026-bc2ba41a54c8/download 2bf4caa53e3a3539b7ef597298fe58a1 https://oarep.usim.edu.my/bitstreams/fe63ba2e-a5b5-40f6-8b5c-ae2ee09019e0/download cb1f4dca0722296d373f7f153e788fde https://oarep.usim.edu.my/bitstreams/b5661f30-6175-4b76-851c-09651d0ddd23/download f39262854e9edfee4af8ed7f2e94fc11 https://oarep.usim.edu.my/bitstreams/b23f2d97-877f-4a87-9dc8-55fecbd06c4b/download 607a0e93ed4033d0af409e4f62353e76 https://oarep.usim.edu.my/bitstreams/248f6dd5-96e0-44cc-bc9b-303f8f70c1ad/download 17c81579ec4e731256eac1617f588ac7 https://oarep.usim.edu.my/bitstreams/2b4083b6-8f8b-48c1-8834-894db55cb733/download ce48738e66f5448c693982b0e400f827 https://oarep.usim.edu.my/bitstreams/f611c3a1-a6ee-412b-9603-206613feead6/download 3c1368bb9b0839570ab17de8ec970ded https://oarep.usim.edu.my/bitstreams/3763c7a4-f495-46c6-ae46-40679c46b446/download a80894dfffb813724b0dcaa3423c2386 https://oarep.usim.edu.my/bitstreams/85958251-4ca6-40f3-84fe-8735a4a8d264/download dfaaef59969bf530d54e3a9b0bdf362b https://oarep.usim.edu.my/bitstreams/3c6853b1-192c-4738-8e50-5cb924408cbe/download b1dbc3b2ac9860caa5271e9421e7fc2f https://oarep.usim.edu.my/bitstreams/d46bdb22-a6c6-4425-bb8d-9f8bb7f035b6/download 5123d359995d547479b3c2a42aa39122 https://oarep.usim.edu.my/bitstreams/bc89709f-925c-452b-a1ab-9c0fed7c3717/download 3b32b5edc55dd65ff80fb319061e7052 https://oarep.usim.edu.my/bitstreams/a187e144-c9e7-4383-ac3f-437614632639/download 86f854ad7fa8dc4e514a61b579dc9fc0 https://oarep.usim.edu.my/bitstreams/9ee0a407-901d-45b4-bfaf-b9ec1e9001f5/download ee62b8a76d91a838e17c56a54511a770 https://oarep.usim.edu.my/bitstreams/58322ca2-5099-4f25-8918-3d386037c7d8/download 0ddec2287a286067ef0e6628132e8fab https://oarep.usim.edu.my/bitstreams/d8efc904-f31d-4c8e-a952-8ce32b325fb9/download 7e3230a91633000244aad5b5f1c72744 https://oarep.usim.edu.my/bitstreams/8d41871e-173d-44b3-bc45-28fd6de5b668/download caad79af5a6cb06523cd9a37d1bc4d50 Administrative procedure--Bangladesh |