Sacred Settlements and Secular Law:

A Comparative Evaluation of Religious ADR Mechanisms

Shubhang Gomasta

Sushmita Das

Sharia Anjum

 

Abstract: This article critically examines the evolution and contemporary relevance of Alternative Dispute Resolution (ADR) mechanisms through the dual lenses of religious tradition and secular legal systems. It examines how religious texts particularly within Islamic jurisprudence have historically influenced ADR practices, such as mediation (wasatah), conciliation (sulh), and arbitration (taḥkīm), and how these practices continue to shape dispute resolution in modern pluralistic societies. The article evaluates the legal recognition and enforceability of religious arbitration within the statutory frameworks of various countries, including India, Singapore, the UAE, Bangladesh, and Malaysia. It interrogates the extent to which religious arbitration forums can operate within secular legal orders without undermining constitutional principles such as the rule of law, access to justice, and gender equality. By analysing both theoretical foundations and practical implementations, the article argues for a harmonised model of ADR that respects religious autonomy while ensuring compliance with public policy and legal safeguards. Ultimately, the study contributes to the discourse on legal pluralism by proposing a balanced framework that integrates religious norms with constitutional legality in the administration of justice.