ABSTRACT

This chapter examines dispute resolution in the United Kingdom by analysing the framework within which Islamic dispute resolution is construed. Such an analysis is important to ensure that Islamic finance disputes are effectively resolved through Shari’ah courts in the United Kingdom. Furthermore, minority groups may also seek recognition of different legal structures under the secular and pluralistic Western legal system. The dispute resolution processes in Islam are part of a larger Islamic legal framework, known as Shari’ah, which is a highly complex and varied legal system. It is divided into different schools of jurisprudence, varying interpretations and adapts to changing circumstances and contexts depending on whether Shari’ah is literally construed or liberally interpreted. The chapter critically examines whether sulh and tahkim can co-exist with Western dispute resolution processes under one legal structure or whether the two systems are mutually exclusive.