AN APPRAISAL OF ARBITRATION UNDER ISLAMIC LAW IN NIGERIA

This thesis conceptualized the principles and rules relating to the settlement of matrimonial dispute under the Shari'a since dispute is seen as an integral part of man's existence and a common occurrence in human societies which could arise as a result of differences in opinion, political ideologies, bad governance, ethnic nationalism, land matters, family issues, some economic or religious reasons, and in some cases a combination of two or more of these factors which may lead to conflicts. These conflicts may result in strained relationships, loss of lives and/or properties, hence the need for As-Sulh; a dispute settlement mechanism. Classical works on matrimonial dispute resolution and other transactions were reviewed. The research has been conducted through a qualitative method using the available materials gathered from library and internet. Materials obtained include sources such as legislation, commentary of the Qur'an and hadith, Islamic textbooks by all respected scholars of Islamic jurisprudence, journals, articles, and conference proceedings. The concept of As-Sulh has been provided for and recognized by the four sources of Sharia; the Qur 'an; Sunna (the acts and sayings of the Prophet Muhammad (peace be upon him)); Ijma' (consensus of opinion) and Qiyas (reasoning by analogy). Arbitration has been also used as a means for resolving disputes by the companions of the Prophet (peace be upon him). The permissibility of arbitration is unquestioned by the main four Islamic Schools; Maliki; Hambali; Hanafi and Shafi 'i. The field of settlement of disputes is one of the richest areas of different opinions of the different Schools of Islamic Law. This thesis has introduced and underlined the different opinions ranging from the conservative one to the modern and liberal trends in this field. The research was concluded by offering recommendations as a way of remedying some of the findings in the work.