Analysing the Conceptual and Legal Frameworks of As-Sulh in Marital Relationships under Islamic Law

Abstract

This paper explores the analysis of the conceptual and legal foundations of As-sulh (amicable settlement) as a mechanism for resolving matrimonial disputes within the framework of Islamic law. The analysis relies on doctrinal method of legal research. Rooted in the principles of justice, mercy, and preservation of family harmony, As-sulh embodies both a legal and moral obligation to restore peace and maintain social cohesion. The paper analyses the origin, development, and legal basis of As-sulh as established in the Glorious Qur’an, Sunnah, and juristic consensus (ijma’), and highlights its scope and applicability across civil, criminal, political, and family-related contexts. Particular attention is given to its relevance in matrimonial disputes where reconciliation is encouraged as a preferred remedy before recourse to judicial dissolution. The study further delineates the stages of As-sulh, from private negotiation and family-based arbitration (hakamayn) to formal judicial reconciliation. and examines the conditions necessary for a valid As-sulh agreement under Shari‘ah.