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: | , , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2019
|
| 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 |
| Summary: | 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. |
|---|