THE CONCEPT OF SULH IN ISLAMIC LAW: A CASE STUDY OF THE PRACTICE AND PROCEDURE OF THE KATSINA STATE SHARIA COURTS

INTRODUCTION

1.1 Background of the Study

Socially, it is understood that the nature of human being as a social animal indicates that man doesn‟t live in isolation but interact and interrelate with others in his daily life regarding all aspects of human endeavors. And it is natural that once a group of people live together, there may be difference of opinion, thought, taste, temperament, inclination and behavior among individuals which differences may lead to dispute, conflict or misunderstanding among people. When these negative attitudes arose, the Sharia does not leave this kind of disgruntle state of conflict unchecked but provided a means of its resolution. The mechanisms for the resolution of disputes envisaged under the Sharia may take the form of litigation before a court of law (i.e., al-qada‟u) or its amicable settlement (i.e., As-Sulh). Each of these two mechanisms has its own peculiarities.

As there are many fields of human endeavors, so do disputes or conflicts arose and permeate these fields – be it social, economic, political, etc., and the Shariah had recognized and institutionalized Sulh (amicable settlement) as a dispute resolution mechanism in addition to litigation so as to restore peace and tranquility among the Muslim Ummah. Katsina State being one of the 36 States of the Federal Republic of Nigeria has inherited the deeply rooted application of Shariah in its judicial system from the then Sokoto Caliphate.1 Katsina State has also in the year 2000 desired the formal reintroductan, I. A Revolution in History: The Jihad of Usman Dan Fodio, Mansell, London (1986), p. 26; Suleiman, I. The Islamic State and the Challenge of History: Ideals, Policies and application of Sharia in its administration of justice.2 To this end, Sharia Courts were established and conferred with jurisdiction by virtue of the Sharia Courts Law3 to.

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