The Evolution and Concept of Alternate Dispute Resolution (ADR) in the Legal Spectrum of the World and Sharī‘ah (A Realistic Approach)

Abstract

The human beings, being living together on this earth since time immemorial; have unavoidable interactions for the actualizing of their interests and, thus, face differences and conflicts in day-to-day life.  Being social creatures, they have developed a variety of mechanisms for resolution of such differences and conflicts. Amongst it, the Alternative Dispute Resolution (ADR) is the most significant and effective one which is adopted by almost all nations- despite difference of beliefs, cultures and civilizations. History shows the effective use of ADR by the ancient Greece, Roman Empire, Chinese and Indian civilizations, Monotheistic (Abrahamic) Religions, the Islam and many more.  However, the mechanism and structure approved by each nation, remained different from the others- to some or large extent. The present work aims to find out the historical back ground of ADR in various cultures and civilizations in terms of its origin and stages, it passed through. The study divulge with solid evidence that the intended objectives of all nations from the concept of ADR have the same and conjoint features. Its basic structure is, nevertheless, found utterly different owing to many reasons i.e. variance in geography, culture, social values, religious backgrounds, mindset of the concerned people and many others. Historical study illustrates that Shariah has put up all these factors, by one way or another, in the basic structure of ADR.