The Implementation Of Sulh At The Syariah Court Negeri Sembilan: Challenges And Recommendations

Among the main factors that led to the complaints are delays and length of time in resolving dispute at the Syariah court (W.A Wan Adnan & A.H Buang, 2021). Due to these challenges in litigation process at Syariah Court that eventually Muslim community urges to have a better mechanism to resolve dispute at Syariah Court (N. Abdul Hak. 2021). The introduction of Sulh at the Syariah Court under the Syariah Judiciary Department to resolve cases involving Islamic matters (mainly commercial and family) for Muslims that are governed under Syariah Court Civil Procedure has attempted to address the demand of Muslim community for a better dispute resolution to a litigation process (R. Ramli et al., 2020). Although Sulh is voluntary process, the outcome of Sulh is legally binding (W.A Wan Adnan dan A.H Buang, 2021), therefore parties can enforce the settlement
achieved in Sulh via settlement agreement prepared by the Sulh officer through court order. The aim of this research paper is to evaluate the implementation and challenges of Sulh at the Syariah Court prior and post pandemic Covid 19 including the procedures, laws, functions, and developments of Sulh. In addition, this research paper will propose a recommendation to overcome the challenges that have arisen.