Enhancement on the application of sulh in real property cases through practice directions in Malaysian shariah courts; Pemerkasaan pelaksanaan sulh dalam kes-kes hartanah melalui pemakaian arahan amalan di mahkamah syariah di Malaysia

Wan Adnan, Wan Azimin and Buang, Ahmad Hidayat and Sulaiman, Zubaidi (2022) Enhancement on the application of sulh in real property cases through practice directions in Malaysian shariah courts; Pemerkasaan pelaksanaan sulh dalam kes-kes hartanah melalui pemakaian arahan amalan di mahkamah syariah di Malaysia. UUM Journal of Legal Studies, 13 (2). 317 – 343. ISSN 2229-984X, DOI https://doi.org/10.32890/uumjls2022.13.2.13.

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Abstract

The application of practice directions assists the implementation of sulh in the Syariah Courts in the preparation of work processes starting from case registration until the issuance of consent judgement order. This study examined the position and application of practice directions in the implementation of sulh with regard to real estate in the Syariah Courts. The data of this study was based on primary sources such as statutes, practice directions, judgement of cases, interviews and secondary sources such as journal articles and books. Descriptive content analysis was used to analyze the data collected. This study found that the application of practice directions serves as guidelines for sulh officers and syarie judges to conduct their duties effectively. Despite this, by using content analysis of the case decided, it was found that practice directions in empowering sulh implementation needs to be improved to deal with current challenges, including legal and administrative issues. The implications of this study can help strengthen aspects of judgement and case management processes in the Malaysian Syariah Courts. © 2022

Item Type: Article
Funders: None
Additional Information: Cited by: 0; All Open Access, Gold Open Access, Green Open Access
Uncontrolled Keywords: Arahan amalan; Case management; Kes hartanah; Mahkamah Syariah; Pengurusan kes; Practice directions; Real estate cases; Sulh; Sulh; Syariah Courts
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > Islam
K Law > K Law (General)
Divisions: Academy of Islamic Studies > Dept of Syariah & Law
Depositing User: Ms. Juhaida Abd Rahim
Date Deposited: 24 Nov 2023 04:06
Last Modified: 03 Dec 2023 01:25
URI: http://eprints.um.edu.my/id/eprint/43758

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