Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan

Sulh is one of the Alternative Dispute Resolution (ADR) mechanisms recommended by Islam. This mechanism has been implemented through Majlis Sulh establishment, which was first introduced in the year 2000 in several Syariah Courts in Malaysia and later implemented in Syariah Court of Negeri Sembilan...

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Main Authors: Suhaizad Saifuddin, Nurul Fadhlina Che Daud, Nurul Akmar Mohamad Hilmi
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2024
Online Access:http://journalarticle.ukm.my/25247/
http://journalarticle.ukm.my/25247/1/JD%204.pdf
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author Suhaizad Saifuddin,
Nurul Fadhlina Che Daud,
Nurul Akmar Mohamad Hilmi,
author_facet Suhaizad Saifuddin,
Nurul Fadhlina Che Daud,
Nurul Akmar Mohamad Hilmi,
author_sort Suhaizad Saifuddin,
building UKM Institutional Repository
collection Online Access
description Sulh is one of the Alternative Dispute Resolution (ADR) mechanisms recommended by Islam. This mechanism has been implemented through Majlis Sulh establishment, which was first introduced in the year 2000 in several Syariah Courts in Malaysia and later implemented in Syariah Court of Negeri Sembilan a few years after. Throughout its implementation, Sulh has successfully resolved many cases out of court without requiring lengthy time or costs. However, Majlis Sulh are not without challenges in assisting parties to resolve disputes without litigation. This writing aims to analyze te implementation of Sulh in the Syariah Court of Negeri Sembilan and propose appropriate suggestions to enhance the effectiveness of Sulh towards optimal achievement. This study applies a qualitative research framework. Primary and secondary data were obtained through library research and documentation. Besides that, data were obtained through interviews with three Sulh officers serving in the Syariah Court of Negeri Sembilan. All data were analysed using content analysis methods. The study shows that Sulh implementation through the Majlis Sulh in this state has successfully achieved the outlined objectives and positive level. However, several challenges have been identified in its implementation. To ensure the successful momentum in case resolution is maintained, several suggestions are proposed to ensure the implementation of Sulh maintains as an effective mechanism for Alternative Dispute Resolution in the Syariah Court of Negeri Sembilan in the future.
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spelling oai:generic.eprints.org:252472025-05-16T03:38:52Z http://journalarticle.ukm.my/25247/ Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan Suhaizad Saifuddin, Nurul Fadhlina Che Daud, Nurul Akmar Mohamad Hilmi, Sulh is one of the Alternative Dispute Resolution (ADR) mechanisms recommended by Islam. This mechanism has been implemented through Majlis Sulh establishment, which was first introduced in the year 2000 in several Syariah Courts in Malaysia and later implemented in Syariah Court of Negeri Sembilan a few years after. Throughout its implementation, Sulh has successfully resolved many cases out of court without requiring lengthy time or costs. However, Majlis Sulh are not without challenges in assisting parties to resolve disputes without litigation. This writing aims to analyze te implementation of Sulh in the Syariah Court of Negeri Sembilan and propose appropriate suggestions to enhance the effectiveness of Sulh towards optimal achievement. This study applies a qualitative research framework. Primary and secondary data were obtained through library research and documentation. Besides that, data were obtained through interviews with three Sulh officers serving in the Syariah Court of Negeri Sembilan. All data were analysed using content analysis methods. The study shows that Sulh implementation through the Majlis Sulh in this state has successfully achieved the outlined objectives and positive level. However, several challenges have been identified in its implementation. To ensure the successful momentum in case resolution is maintained, several suggestions are proposed to ensure the implementation of Sulh maintains as an effective mechanism for Alternative Dispute Resolution in the Syariah Court of Negeri Sembilan in the future. Penerbit Universiti Kebangsaan Malaysia 2024 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/25247/1/JD%204.pdf Suhaizad Saifuddin, and Nurul Fadhlina Che Daud, and Nurul Akmar Mohamad Hilmi, (2024) Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan. Jurnal Undang-Undang dan Masyarakat, 34 (2). pp. 49-60. ISSN 1394-7729 https://ejournal.ukm.my/juum/issue/view/1773
spellingShingle Suhaizad Saifuddin,
Nurul Fadhlina Che Daud,
Nurul Akmar Mohamad Hilmi,
Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title_full Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title_fullStr Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title_full_unstemmed Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title_short Sulh as an instrument of Alternative Dispute Resolution (ADR): practice in syariah court of Negeri Sembilan
title_sort sulh as an instrument of alternative dispute resolution (adr): practice in syariah court of negeri sembilan
url http://journalarticle.ukm.my/25247/
http://journalarticle.ukm.my/25247/
http://journalarticle.ukm.my/25247/1/JD%204.pdf