Mechanism of enforcement and execution of muslim maintenance order: court - based system
The weaknesses of the enforcement and execution of a court order always become the reason for noncompliance with court orders issued by the Syariah Court. In other words, the effectiveness of enforcement mechanisms enhances compliance with orders issued by the Syariah Court. Many looked at the...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
International Islamic University Malaysia
2013
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/1/Jazilah.pdf |
| Summary: | The weaknesses of the enforcement and execution of
a court order always become the reason for noncompliance
with court orders issued by the Syariah
Court. In other words, the effectiveness of
enforcement mechanisms enhances compliance with
orders issued by the Syariah Court. Many looked at
the weaknesses of enforcement as the weaknesses of
the Syariah court as the agency for implementing justice and thus undermining the position of the
Islamic law. However, very little attention has been
given in the literature as regards what constitutes
the mechanism of enforcement and execution of a
maintenance order in the Syariah Court. Hence, the
purpose of this article is to examine the mechanism
used pertaining to non-compliance maintenance
orders. The content analysis approach was used as
it is appropriate to identify the mechanism used by
the selected Syariah courts in settling the enforcement
and execution cases. Through the content analysis
method, the background of the cases as well as the
approach of the court players were identified,
respectively. The data from the study then were
presented in descriptive form to explain the frequency
and the percentage of variables studied. The study
suggests that the process of giving judgment relating
to maintenance should be improved. In addition, the
assimilisation between non-legal and legal processes
should be well organised to ensure the effectiveness
of the enforcement and execution processes. The
weaknesses found should be addressed in future
studies to identify the best method for better
implementation.
Keywords: enforcement; maintenance order; Syariah Court; judgment creditor; judgment debtor.
MEKANISMA PENGUATKUASAAN |
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