BY Abdulqadir Ibrahim Abikan (Ph. D)
ABSTRACT
Disputes emanating from Islamic banking transactions are adjudicated by English-style High Courts in many nations operating pluralistic judicial system. The courts’ judges are, in most cases, not required to be lettered in Islamic law before they assume jurisdiction and where they know the law, they do not apply it as a matter of knowledge but as may be proved to exist by evidence. This arrangement occasions injustice on Islamic banking disputes. The process of redressing the anomaly is cumbersome given the secular and/or multi-religious nature of most of those nations. This paper therefore examines the possibility of attaining justice through a middle course by adoption of Alternative Dispute Resolution (ADR) while the political and legislative battle to allow adjudication by competent judges lasts.
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