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...

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Main Authors:	Abdul Hak, Nora, Mansor, Ahmad Mukhlis, Che Soh @ Yusoff, Roslina
Format:	Conference or Workshop Item
Language:	English English
Published:	2019
Subjects:	KBP Islamic Law KPG Malaysia
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

id	iium-73445
recordtype	eprints
spelling	iium-734452019-08-20T07:59:02Z 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. 2019-07 Conference or Workshop Item NonPeerReviewed 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 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. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP Islamic Law KPG Malaysia
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
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.
format	Conference or Workshop Item
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
title	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_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_sort	literature review on mediation/sulh in resolving child custody disputes in the syariah court in malaysia
publishDate	2019
url	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
first_indexed	2023-09-18T21:44:07Z
last_indexed	2023-09-18T21:44:07Z
_version_	1777413335599284224

Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia

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