Mediation and Sulh in Islamic Family Law Disputes: Professional Practice in Nigerian Sharia Courts

📖 ABSTRACT/OVERVIEW

Sulh (conciliation and settlement) occupies a recognised and encouraged role in Islamic dispute resolution, particularly in family law matters where the Quran explicitly exhorts judicial conciliation efforts before adversarial proceedings in cases of marital discord. The professional integration of structured mediation into Sharia court family dispute processes in northern Nigeria offers both Shariah-based legitimacy and practical efficiency benefits. This study examines the current state and professional development needs of Sulh-based family mediation in Nigerian Sharia courts. A professional practice survey is applied across Sharia courts in Sokoto, Kebbi, Kano, and Niger States, combining structured observations of pre-hearing conciliation sessions with interviews involving twenty-five Sharia judges practising conciliation, twenty parties to concluded Sulh agreements, and ten professional mediators. The study evaluates the doctrinal basis for judicial Sulh, current practice standards, success rates, and the professional training needs of Sharia court conciliators. Available professional literature on Islamic mediation in northern Nigerian courts identifies ad hoc conciliation practices without standardised protocols as the dominant model, with significant outcome variability. The Quranic instruction on conciliation (Surah An-Nisa 4:35) and the classical doctrine of Wajib al-Sulh in family disputes provide the doctrinal framework. Findings are expected to reveal high Sulh uptake alongside uneven quality. Recommendations address professional Islamic mediator training, standardised Sulh protocols for Sharia courts, and mandatory pre-hearing conciliation for all family disputes. Keywords: Sulh, mediation, Islamic family law, Sharia courts, professional practice.

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Departments# Islamic Law