حضرت شیخ سید محمود المعروف صندل باباجیؒ کے ارضی فیصلوں میں تحکیم کے نظامِ عمل کا تحقیقی مطالعہ
A Research Study of the Operational Framework of Arbitration in the Land Disputes Resolved by Shaykh Sayed Maḥmūd, Sandal Bābājī
Keywords:
Taḥkīm (Arbitration), Operational Framework, Land Disputes, Claim (Daʿwā), Response to Claim (Jawāb al-Daʿwā), Judgment (Decision), Testimony (Shahādah), Evidence (Bayyinah), Admission (Iqrār), Ḥanafī Jurisprudence, Islamic Dispute Resolution, Sundal BābājīAbstract
This research presents a scholarly study of the operational framework of arbitration (Taḥkīm) in the land-related decisions of Shaykh Sayed Maḥmood, Sundal Bābājī (رحمه الله). Under his supervision, the Dār al-Iftāʾ wa al-Qaḍāʾ served as an important forum for the resolution of diverse religious, social, and legal disputes. Although the fatwas issued by the institution, reconciliations facilitated between disputing parties, and cases resolved under his supervision were extensive, this study does not attempt to examine the entire body of such cases. Rather, it focuses specifically on the methodology, procedural structure, and practical mechanisms of arbitration adopted by Sandal Bābājī in resolving land disputes.
The study demonstrates that his approach to arbitration was not confined to traditional tribal Jirga or customary reconciliation. Instead, it reflected an integrated methodology incorporating elements of judicial adjudication (Qaḍāʾ), Islamic legal verdicts (Iftāʾ), arbitration (Taḥkīm), and reconciliation (Iṣlāḥ Dhāt al-Bayn). The principal stages of this process included hearing the dispute, examining the claims and responses of the parties, evaluating evidence and documentary records, carefully considering the positions of the disputants, recognizing legitimate custom and established rights, and reaching a decision in accordance with the principles of Islamic jurisprudence.
Against the background of Ḥanafī jurisprudence, where Taḥkīm is recognized as a legitimate means of dispute resolution subject to the competence of the arbitrator, the consent of the parties, and the limits of delegated authority, this research analyzes Sundal Bābājī’s decisions as an applied model of Islamic arbitration. It argues that his methodology extended beyond mere reconciliation and was fundamentally oriented toward establishing the truth, upholding Sharīʿah principles, protecting legitimate rights, and achieving a fair resolution of disputes. The study therefore concludes that his land-related decisions constitute a valuable practical and experiential source for understanding and documenting a locally rooted model of Islamic arbitration grounded in Ḥanafī legal principles.
