Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia
In previous studies conducted, mediation (sulh) has been reported to be a successful mechanism in reducing the backlog of cases and able to lessen cases or disputes being brought to court trial. However, based on a recent statistic especially, in cases of child disputes in the Syariah Courts thr...
| Main Authors: | , , |
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| Format: | Proceeding Paper |
| Language: | English English English |
| Published: |
Varazdin Development and Entrepreneurship Agency, Varazdin, Croatia
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/73445/ http://irep.iium.edu.my/73445/32/73445%20%20Literature%20Review%20on%20Mediation.pdf http://irep.iium.edu.my/73445/21/SHALIC%20Conference%20Bandung%202019.pdf http://irep.iium.edu.my/73445/38/78840%20Literature%20Review%20on%20Mediation_Sulh%20in%20Resolving%20Child%20Custody%20Disputes%20in%20the%20Syariah%20Court%20in%20Malaysia.pdf |
| _version_ | 1848787797413986304 |
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| author | Abdul Hak, Nora Mansor, Ahmad Mukhlis Che Soh @ Yusoff, Roslina |
| author_facet | Abdul Hak, Nora Mansor, Ahmad Mukhlis Che Soh @ Yusoff, Roslina |
| author_sort | Abdul Hak, Nora |
| building | IIUM Repository |
| collection | Online Access |
| description | In previous studies conducted, mediation (sulh) has been reported to be a
successful mechanism in reducing the backlog of cases and able to
lessen cases or disputes being brought to court trial. However, based on a
recent statistic especially, in cases of child disputes in the Syariah Courts
throughout Malaysia, it shows that less than 50% of these cases have
been settled at the sulh process. Furthermore, the statistic also reveals
that 4,826 out of 15,243 cases of sulh in child custody disputes cannot
proceed due to non-attendance of parties to the sulh proceeding. This has
resulted in the cases being brought to the court for trial instead of being
settled through sulh process. It is suggested that the mechanisms and the
implementation of sulh in the Syariah Court are insufficient in dealing with
the child custody issues. Moreover, it is also suggested that the current
legal frameworks are insufficient to make sulh session a success.
Therefore, as a preliminary study to the above issue, a literature review
study on the topic has been conducted and it shows that there is
insufficient research/writing specifically on the practice of sulh in child
custody disputes in Malaysia. The aim of this paper is to discuss and
analyse all the relevant literatures on the topic in order to have a better
understanding of the role and function of sulh/mediation in helping the
parties resolving their child custody dispute. The methodology adopted is
a library study to collect information, data and theories involved. Then, the
data were analyzed by using content analysis method. |
| first_indexed | 2025-11-14T17:30:38Z |
| format | Proceeding Paper |
| id | iium-73445 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English English |
| last_indexed | 2025-11-14T17:30:38Z |
| publishDate | 2019 |
| publisher | Varazdin Development and Entrepreneurship Agency, Varazdin, Croatia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-734452020-12-16T02:07:59Z http://irep.iium.edu.my/73445/ Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia Abdul Hak, Nora Mansor, Ahmad Mukhlis Che Soh @ Yusoff, Roslina KBP Islamic Law KPG Malaysia In previous studies conducted, mediation (sulh) has been reported to be a successful mechanism in reducing the backlog of cases and able to lessen cases or disputes being brought to court trial. However, based on a recent statistic especially, in cases of child disputes in the Syariah Courts throughout Malaysia, it shows that less than 50% of these cases have been settled at the sulh process. Furthermore, the statistic also reveals that 4,826 out of 15,243 cases of sulh in child custody disputes cannot proceed due to non-attendance of parties to the sulh proceeding. This has resulted in the cases being brought to the court for trial instead of being settled through sulh process. It is suggested that the mechanisms and the implementation of sulh in the Syariah Court are insufficient in dealing with the child custody issues. Moreover, it is also suggested that the current legal frameworks are insufficient to make sulh session a success. Therefore, as a preliminary study to the above issue, a literature review study on the topic has been conducted and it shows that there is insufficient research/writing specifically on the practice of sulh in child custody disputes in Malaysia. The aim of this paper is to discuss and analyse all the relevant literatures on the topic in order to have a better understanding of the role and function of sulh/mediation in helping the parties resolving their child custody dispute. The methodology adopted is a library study to collect information, data and theories involved. Then, the data were analyzed by using content analysis method. Varazdin Development and Entrepreneurship Agency, Varazdin, Croatia 2019 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/73445/32/73445%20%20Literature%20Review%20on%20Mediation.pdf application/pdf en http://irep.iium.edu.my/73445/21/SHALIC%20Conference%20Bandung%202019.pdf application/pdf en http://irep.iium.edu.my/73445/38/78840%20Literature%20Review%20on%20Mediation_Sulh%20in%20Resolving%20Child%20Custody%20Disputes%20in%20the%20Syariah%20Court%20in%20Malaysia.pdf Abdul Hak, Nora and Mansor, Ahmad Mukhlis and Che Soh @ Yusoff, Roslina (2019) Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia. In: Sharia and Law International Conference (SHALIC) 2019, 9th-11th July 2019, Bandung, Indonesia. http://www.zbw.eu/econis-archiv/bitstream/handle/11159/3412/Book_of_Proceedings_esdSplit2019_Online.pdf?sequence=1&isAllowed=y |
| spellingShingle | KBP Islamic Law KPG Malaysia Abdul Hak, Nora Mansor, Ahmad Mukhlis Che Soh @ Yusoff, Roslina Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title | Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title_full | Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title_fullStr | Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title_full_unstemmed | Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title_short | Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia |
| title_sort | literature review on mediation/sulh in resolving child custody disputes in the syariah court in malaysia |
| topic | KBP Islamic Law KPG Malaysia |
| url | http://irep.iium.edu.my/73445/ http://irep.iium.edu.my/73445/ http://irep.iium.edu.my/73445/32/73445%20%20Literature%20Review%20on%20Mediation.pdf http://irep.iium.edu.my/73445/21/SHALIC%20Conference%20Bandung%202019.pdf http://irep.iium.edu.my/73445/38/78840%20Literature%20Review%20on%20Mediation_Sulh%20in%20Resolving%20Child%20Custody%20Disputes%20in%20the%20Syariah%20Court%20in%20Malaysia.pdf |