JUDGMENT WITH CONSENT: ANALYSIS OF SULH INNOVATION

Abstract

Disputes are a phase in human life. The dispute is a clash or disagreement of opinion, value, interest or emotion. Civilized communities require guidelines in dealing with any dispute to ensure that life carries on within its range of harmony. Conflicts and disputes are sometimes complex issues that require a settlement mechanism that reflects the taxonomy of the dispute itself, thereby justifying the establishment of a set of legislation and procedures that conform to certain forms and types of disputes. When solving a dispute, Islam promotes a method based on the principle of ‘al-Sulh’ which simply means peace. Islam truly encourages the practice of such as it highlights efforts of peace-making through acceptance and with the consent of both parties in dispute. Prophet Muhammad very much encouraged his followers to seek peace and avoiding from having disputes with one another. This research uses the qualitative method and the partially-structured interview approach, document analysis, literary research and scientific journals. This research will highlight such and its related provisions and is hoped to provide suggestions to disputing parties and authorities so that they can resolve their disputes faster at a cheaper price and proved to satisfy everyone who is involved by having judgment with consent. The increasing number of registered cases in the Syariah Court indicates the necessity of new method in resolving the dispute by the integration of such concept and Online Dispute Resolution (ODR) to resolve the issue faster and benefits to all the parties.