This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.

The paper seeks to discuss children’s participation in custody dispute involving interfaith parents and to examine to what extent the voice of the children will be considered and followed by the judge. This is in line with Article 12 of the United Nation Convention on the Rights of Child (CRC) which gives privilege to the children the right to be heard in any matter affecting their lives and as a State party, Malaysia has the obligation to uphold this right. This paper further discusses the views of Muslim jurists on the custodial right under the Islamic law and the approach of the civil and Shariah court in considering the views of children in custody dispute. It was found that in most cases, each party tried to convince the court that he or she is more eligible than the other to obtain the custody. The battles compounded and ignited controversies when both disputing parties commenced the legal tussle over custody of the children in the civil court and Shariah court respectively. In these cases the judgments often turned out differently and consequently, no satisfactory outcomes were achieved for the disputing parties.