Sulh (mediation) in the Syariah court: some problems and prospects
Islamic law considers any court-annexed framework for the resolution of disputes as part of the case management role of the judge. This paper examines the status of the court-annexed mediation programme of the Shari'ah Court in Malaysia. Issues especially relating to the backlog of cases, led t...
| Main Authors: | , |
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| Other Authors: | |
| Format: | Conference or Workshop Item |
| Language: | English |
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Faculty of Law, Universiti Kebangsaan Malaysia
2011
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| Online Access: | http://irep.iium.edu.my/7536/ http://irep.iium.edu.my/7536/ http://irep.iium.edu.my/7536/1/2011_-_Sulh_%28mediation%29_in_the_Syariah_Court-_Some_Problems_and_Prospects.pdf |
| Summary: | Islamic law considers any court-annexed framework for the resolution of disputes as part of the case management role of the judge. This paper examines the status of the court-annexed mediation programme of the Shari'ah Court in Malaysia. Issues especially relating to the backlog of cases, led to the introduction of sulh (mediation) as court-annexed process with a view to acessing the problems, and their resolution. Overcoming these operational challenges identified will go a long way in reducing the backlog of cases in Shari'ah courts in Malaysia. A number of challenges are encountered in implementing this court annexed mediation. |
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