PELAKSANAAN ṢULḤ DALAM KES MELIBATKAN TUNTUTAN HARTANAH ORANG-ORANG ISLAM DI MAHKAMAH SYARIAH DI MALAYSIA: TINJAUAN TERHADAP KAJIAN LEPAS

The Implementation of Ṣulḥ involving Real Estate Claims of Muslims in Shariah Court in Malaysia: A Survey of Previous Studies

Abstract

Shariah Court’s jurisdiction in Malaysia is limited in resolving dispute in matters relating Muslim personal and family law. When it comes to the decision and delivering judgement regarding Muslim’s real estate, most of it will be placed under the jurisdiction of Federal Court and Civil High Court. This article discusses issues related to the implementation of ṣulḥ in the Shariah Court in Malaysia, especially in cases involving real estate claims of Muslims. This article will identify previous studies and related researches with regard to ṣulḥ as one of the alternative disputes resolution (ADR) as an effective role to end the dispute and save the court’s time and fulfil the needs of the parties. Numbers of researches have been done regarding the implementation of ṣulḥ, however only matter regarding Muslim family cases were covered while the study in resolving disputes on Muslim’s real estate is insufficient or rarely been studied. The study found that ṣulḥ plays an important roles as quick resolution based on sufficient statutory basis. Nevertheless few recommendations and suggestions should be imposed in order to solve legal conflicts and administrative of agencies related to Muslims real estate in Malaysia.