Alternative Dispute Resolution (ADR) in Shariah and its Institutionalization in Pakistan, Reforms and legislation in Sindh and the way forward

Abstract

The judiciary being the independent and key tier of the state, plays paramount role in maintaining the peace, tranquility in the society and administration of justice. The Courts follow the procedural and long drawn evidence process to solve the disputes. Therefore, due to this mechanism the justice for the common people is expensive and time consuming. Further, there are millions of cases are subjudice before the Courts in Pakistan and for that the need of Alternative Dispute Resolution arises. The same concept of ADR is recognized not only in Pakistan but the Sindh province has also recognized the ADR through amendment in the Code of Civil Procedure (SINDH AMENDMENT) ACT, 2018. The current study examined the different ADR principals in Shariah and in Sindh province. Moreover, the study also critically examined the procedure laid down in the ADR Sindh amendment 2018 for adjudicating any dispute in nonconventional Court procedure.