In recent years, opening any newspaper often leads to sighting of headlines concerning Islamic arbitration of family disputes, with organisations like the Jamiat Ulama-i-Hind trying to convince Muslims to approach designated Islamic bodies for arbitration of family matters, and the political right denouncing them as a parallel legal system. Amidst such polarised discourse, it becomes imperative to inspect the legitimacy of these institutions and most importantly, the impact that they have on the women approaching them for justice. The purpose of this article is to perform a detailed investigation of existing practices of Islamic Arbitration in various common law countries, delving into the importance and legal validity of religious dispute resolution, challenges encountered and the prospective solutions. The primary goal is to make a significant contribution to the ongoing debate in India about the use of religious arbitration in family law disputes, by carefully examining its legal validity and social repercussions. This article attempts to illuminate best practices From various jurisdictions while cautioning against potential pitfalls. By diving into these complex: processes, the authors hope to provide analytical viewpoints that promote harmonious coexistence and mutual respect for both community rights and individual liberty within a diverse society.
EXPLORING THE POTENTIAL OF ISLAMIC ARBITRATION: INSIGHTS FOR INDIA FROM THE WEST
Dr. Marisport A. & Basundhara Das
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