INTRODUCTION
This chapter explores the use of alternative dispute resolution (ADR) within Muslim legal traditions as they are expressed in the UK and in Singapore. In doing so, it addresses two areas of increasing concern in legal scholarship generally - namely ADR and Islamic law.
Moreover, within the context of Islamic law, the chapter discusses an issue that currently is gaining attention as ancient Islamic norms, with a grounding in the Quranic text and expressing a preference for negotiated, amicable dispute settlement, are brought into conversation with contemporary ADR discourses.The chapter proceeds by discussing the classical bases for the use of forms of ADR, including negotiation, mediation and arbitration, in Muslim legal thought, and then proceeds to look at the ways in which ADR operates within Muslim contexts in the UK and in Singapore. This examination will show that Islamic law is applied more formally in Singapore than in the UK. This is well known and not surprising; however, its implications in the ADR context are interesting. Drawing upon literature about religious-based ADR, this chapter will argue that the informal system in the UK may be more facilitative of Islamic ADR than the more formal system of Singapore. Lastly, the chapter will raise some of the challenges that might emerge from this more facilitative environment.
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