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...

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Main Authors:	Mohd Saad , Jazilah, Abbas, Afridah, Md Hashim, Noraini, Wok, Saodah
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2013
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/1/Jazilah.pdf

id	iium-44598
recordtype	eprints
spelling	iium-445982015-09-18T08:36:30Z http://irep.iium.edu.my/44598/ Mechanism of enforcement and execution of muslim maintenance order: court - based system Mohd Saad , Jazilah Abbas, Afridah Md Hashim, Noraini Wok, Saodah KBP Islamic Law 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 International Islamic University Malaysia 2013 Article PeerReviewed application/pdf en http://irep.iium.edu.my/44598/1/Jazilah.pdf Mohd Saad , Jazilah and Abbas, Afridah and Md Hashim, Noraini and Wok, Saodah (2013) Mechanism of enforcement and execution of muslim maintenance order: court - based system. IIUM Law Journal, 21 (2). pp. 183-208. ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/index
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Mohd Saad , Jazilah Abbas, Afridah Md Hashim, Noraini Wok, Saodah Mechanism of enforcement and execution of muslim maintenance order: court - based system
description	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
format	Article
author	Mohd Saad , Jazilah Abbas, Afridah Md Hashim, Noraini Wok, Saodah
author_facet	Mohd Saad , Jazilah Abbas, Afridah Md Hashim, Noraini Wok, Saodah
author_sort	Mohd Saad , Jazilah
title	Mechanism of enforcement and execution of muslim maintenance order: court - based system
title_short	Mechanism of enforcement and execution of muslim maintenance order: court - based system
title_full	Mechanism of enforcement and execution of muslim maintenance order: court - based system
title_fullStr	Mechanism of enforcement and execution of muslim maintenance order: court - based system
title_full_unstemmed	Mechanism of enforcement and execution of muslim maintenance order: court - based system
title_sort	mechanism of enforcement and execution of muslim maintenance order: court - based system
publisher	International Islamic University Malaysia
publishDate	2013
url	http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/ http://irep.iium.edu.my/44598/1/Jazilah.pdf
first_indexed	2023-09-18T21:03:23Z
last_indexed	2023-09-18T21:03:23Z
_version_	1777410773037875200

Mechanism of enforcement and execution of muslim maintenance order: court - based system

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