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Promoting Marital Harmony: The Role of Sulh in Conflict Resolution in Nigeria

Promoting Marital Harmony: The Role of Sulh in Conflict Resolution in Nigeria

Introduction

Islam encourages peaceful conflict settlement (sulh) in marriage problems and advocates peace as a way of life. Alternative conflict resolution, or? ulh, is a concept that encompasses compromise, negotiation, conciliation, and mediation. For the process to continue, all sides must exhibit generosity. The Glorious Quran supports the idea by declaring that seeking Allah's pleasure will bring about the ultimate reward and that concealment is acceptable for acts of justice or charity. In Islamic and tribal traditions, collectivity is the main goal of dispute resolution. Families or parents must arbitrate disputes between partners to keep marriages together or prevent divorce.

Islam's version of reconciliation is called "Sulh" (from Arabic), and it appears in both Islamic law and the Quran. It alludes to a ritualized procedure for bringing about peace and restorative justice that aims to put an end to animosity and strife among Muslims. Sulh is also utilized for settling marital conflicts; if a couple wants to reconcile, Allah the Sublime advises them to choose a family member to serve as their arbiter. Two categories exist for such: arbitral award (binding judgment) and taken (amicable composition). Regarding such, the four major Sunni Muslim schools—Hanafi, Hanbali, Shafih, and Malik—have differing perspectives. The Hadiths and the Prophet Muhammad acknowledged arbitration as a means of achieving a peaceful resolution. The Prophet also stated that lying is only acceptable to promote such amongst disputants.

Arbitration in Nigeria

Its origin, arbitration has been a customary method of resolving disputes in Nigeria. It is employed to resolve conflicts about community boundaries, chieftaincy, land, marriage, religion, politics, and ethnicity. Nigerian communities continue to value arbitration despite the legal system's modernity and reform. With proof of its legitimacy and legality, the Islamic legal system is one of Nigeria's three officially acknowledged and upholding legal systems. English, regional customary law, and Islamic law are all included in Nigeria's multilayered legal system. Customary law varies by location and is not always implemented consistently.

The Nigerian legal system recognizes customary law, which can be used in court. To invoke customary law, parties must show its existence and content. This can be done by presenting evidence in the form of books, manuscripts, or the views of native chiefs or imams. Islamic law views matrimony as a serious agreement and a solid relationship, but it can also be dissolved if the couple doesn't get along. The potential for collapse in Islamic matrimonial dispute settlement might result in divorce. Customary law places a strong emphasis on arbitration and negotiation, especially when it comes to conflicts involving family issues like marriage. Leaders of families, principals, friends, and religious organizations are important participants in efforts to make amends, which frequently result in favourable outcomes that lead to a reunion.

Nigerian customary law governs customary weddings, and customary and area courts are assigned to handle these cases. These tribunals have the authority to encourage peacemaking and make peaceful resolutions possible. Islamic law allows for divorce or the waiver of the remaining time in a marriage. Revocation of divorce (Talaq) and iddah (iddah), which permit reconciliation, are two types of reconciliation. Three categories may be used to classify Nigerian marital disagreement causes: husband-wife, husband-wife, and both. Wives may be disobedient, careless, and improperly attired, while husbands may display traits like financial neglect, unfairness, tyranny, and desertion. Sexual incompatibility, jealousy, and differences in work styles are among the causes originating from both partners.

Conclusion 

Sulh is a technique used to settle marital conflicts between husband and wife; it is especially popular in Nigeria, where it lowers the divorce rate. The aim is to protect both parties from harm, and it might be a divorce or a consensual agreement. In Nigeria, Islamic family law and marriage conflict resolution procedures are based on the soul's best judgment in each particular situation. Before things become worse, relatives and parents should step in and settle the dispute between the husband and wife. To prevent divorce, husbands should inform their parents about their wife's errors. Couples should not, however, rely just on their efforts, since Allah provides the finest means of reconciliation.

 

  • Sulh, a form of conflict resolution rooted in Islamic principles, is widely utilized in Nigeria to settle marital disputes and lower divorce rates.
  • Nigerian customary law places a strong emphasis on arbitration and negotiation, involving family members, leaders, and religious organizations in reconciliation efforts.
  • Sulh serves to protect both parties in a marriage from harm, offering avenues for either reconciliation or consensual divorce, with a focus on familial intervention and Allah's guidance.

BY : Vaishnavi Rastogi

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