THE THEORY AND PRACTICE OF ṢULḤ (MEDIATION) IN THE MALAYSIAN SHARIAH COURTS
DOI:
https://doi.org/10.31436/iiumlj.v16i1.42Abstract
This paper attempts to discuss the position of Ṣulḥ as a mediation tool to resolve cases brought up in the Shariah Court. The first part of the paper is to explain the importance of Ṣulḥ in the institution of justice in Islamic law. Some relevant authorities from the sources of Islamic law will be highlighted including the practice of the companions. The second part of the paper will focus on the status of Ṣulḥ in the Shariah Court in Malaysia in terms of history, ethics of the Ṣulḥ officer and the procedure of how Ṣulḥ takes place in the Shariah Court. The last part of the paper will focus on the Ṣulḥ officers including female officers and compare their status with male Ṣulḥ officers, nature of cases (e.g divorce, taʿlīq, ḥaḍānah) handled by the Ṣulḥ officers and their success rate. The paper will conclude by a discussion of the possibility of the Ṣulḥ officers occupying the position of a judge in the Shariah Court. The last point to be discussed is the balance in terms of number of cases resolved between them.
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