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
Document Type
Article
Publication Date
1-1-2022
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
Keywords
Arahan amalan, Case management, Kes hartanah, Mahkamah Syariah, Pengurusan kes, Practice directions, Real estate cases, Sulh, Sulh, Syariah Courts
Divisions
DeptofSyariahLaw
Funders
None
Publication Title
UUM Journal of Legal Studies
Volume
13
Issue
2
Publisher
Universiti Utara Malaysia Press
Additional Information
Cited by: 0; All Open Access, Gold Open Access, Green Open Access