Pemerkasaan Amalan Sulh dalam Kes Hadanah di Mahkamah Syariah

Over the past 22 years, the implementation of sulh in the Shariah Court has significantly expedited the resolution of family cases and reduced expenses for the involved parties. However, in cases involving hadanah (custody) claims, the Shariah Court consistently encounters various challenges in implementing sulh. This issue arises because the Shariah Court in Malaysia lacks a dedicated hadanah manual to guide the procedures. The primary objective of this study is to develop a Hadanah Sulh Manual based on an analysis of existing sulh practices in the Syariah and Civil Courts, incorporating relevant laws and syariah principles. The development of this manual also considers the challenges faced by practitioners and sulh clients. This socio-legal study adopts a qualitative methodology. Data is collected through document analysis, encompassing primary and secondary sources such as the al-Quran, al-Sunnah, legal provisions, agency policies, case judgments, books, journal articles, official websites, and newspapers. The study also employs interviews and observations of sulh practices in selected states, focusing on the shared service and non-shared service concepts. The selection of shared and non-shared states is justified by their differing sources of authority and administration, which contribute to inconsistencies in sulh practices. The findings of this study highlight that current sulh regulations are overly general and require improvement. Additionally, the procedures for implementing sulh need to be reassessed to ensure their relevance in the modern context, particularly given that mediation practices under Civil law in Malaysia have advanced significantly and are continuously evaluated for their effectiveness. The proposed draft of the ‘Hadanah Sulh Operational Manual’ includes key components such as sulh procedures, expert involvement, child categorization, and the application of technology in case management. This manual is vital as it addresses existing issues and ensures that sulh practices in the Shariah Court are modernized and aligned with mediation practices in the Civil Court. The development of this dedicated manual will benefit the Shariah Judiciary Department of Malaysia (JKSM), State Shariah Judiciary Departments, the Shariah Lawyers Association, the Social Welfare Department, and other stakeholders in improving current sulh practices. By implementing this manual, the management of hadanah cases through sulh can be conducted more systematically, enhancing the image of shariah law in Malaysia and ensuring justice for all parties involved.