Islamic Alternative Dispute Resolution in Commercial Disputes: Professional Practice Standards for Nigerian Mediators

📖 ABSTRACT/OVERVIEW

Islamic alternative dispute resolution mechanisms, particularly Sulh (conciliation) and Tahkim (arbitration), offer Sharia-compliant pathways for resolving commercial disputes outside formal court systems, but the absence of professional practice standards for Islamic mediators and arbitrators in Nigeria limits the credibility and effectiveness of these mechanisms. This study develops professional practice standards for Islamic ADR practitioners in the Nigerian commercial context. A comparative professional study methodology is applied, analysing existing Islamic ADR standards from the UAE, Malaysia, and ISNA Mediation and Arbitration Service standards alongside structured interviews with twenty Islamic ADR practitioners, ten commercial lawyers, and five business community representatives across Kano, Abuja, and Lagos. The study identifies the professional competencies required for effective Islamic commercial mediation, procedural standards for Sulh negotiations, disclosure and impartiality obligations, and ethical codes consistent with Islamic jurisprudential principles. Available professional ADR literature from Nigeria identifies the absence of an accreditation framework for Islamic mediators as the primary obstacle to commercial community confidence in Islamic ADR outcomes. The classical doctrine of Sulh al-Mutalazim and the Arbitration and Conciliation Act 2023 provisions provide dual normative references. Findings are expected to identify comprehensive competency and ethics standards gaps. Recommendations include a draft professional code of ethics for Nigerian Islamic ADR practitioners, a national Islamic mediation certification framework, and a Centre for Islamic Dispute Resolution under the Nigerian Bar Association Sharia Law Committee. Keywords: Islamic ADR, Sulh, Tahkim, professional standards, commercial mediation.

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Departments# Islamic Law