تلخیص
In Law rules are meant for peaceful co-existence within the
society. It is enacted through a set procedure, enforced and interpreted
by the legislature, executive and judiciary respectively. Each member
of the society is equal before law and accountable for his actions. A
society cannot exist without laws. In absence of laws, rule of jungle
will be order of the day. Therefore, law is legitimate action for welfare.
It can be deducted that without law, a society will be faced with
unbearable problems in all walks of life. Therefore, laws are very
important for not only survival but existence of a society.
Aw without the concept of “rule of law” is incomplete.
Although it is a debatable subject, as rule of law is requirement for one
and choice for another but it is also true that it has played a significant
role in development of law, which in turned affected societies in one
way or another. As they rightly tagged man as social animal and in
order to keep check on society, the significances of rule of law is
undeniable.
Psychologists are very true in saying that unanimity of minds
do not exist. Disagreement exists between two minds in one way or
another, which resultantly, gives birth to a dispute. To solve such
disputes men have developed various techniques. Normally disputes
are solved by two means:
1. Adjudicative process for example judicial proceedings before a
judge and jury.
2. Alternative Dispute Resolutions/Consensual processes, for example
collaborative law, mediation, conciliation, or negotiation, in which
the parties mutually agreed to resolve a dispute.
Alternate Dispute Resolution is the best solution for resolving a
dispute between parties, through which parties come to the conclusion
without lingering into judicial proceedings.
Muhammad Naeem, Muhammad Haroon Khan. (2017) Alternative Dispute Resolution from perspective of Islamic Law, , Volume-05, Issue-1.
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