Syariah court-annexed mediation in Malaysia: 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 cour-annexed mediation programme of the Syariah Court in Malaysia. Issues especially relating to the backlog of cases led to the in...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Singapore Mediation Centre
2011
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/12338/1/2011_-_Syariah_court-annexed_mediation_in_Malaysia.pdf http://irep.iium.edu.my/12338/ http://www.mediation.com.sg/mediation_AJ_Introduction.htm |
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| 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 cour-annexed mediation programme of the Syariah Court in Malaysia. Issues especially relating to the backlog of cases led to the introduction of sulf (mediation) as a court-annexed process with a review to acessing the problems, and their resolution. Overcoming these operational challenges identified will go along way in reducing the backlog of cases in the Syariah courts in Malaysia. A number of challenges are encountered in implementing this court annexed mediation. |
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