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    Main Page Sulh Sulh Work Manual for Shariah Court

Sulh's Work Manual for Syariah Court

CHAPTER 1 – INTRODUCTION


The Work Manual is intended to clarify and streamline the procedures to be followed by all Sulh Officers in conducting  the Sulh Session. 

CHAPTER 2 – OBJECTIVES

To implement the Rules of Civil Procedures (Sulh) 2002, then the following Sulh Work Manual is written to be used and adhered to by the Sulh Officers.

CHAPTER 3 – PRELIMINARY STATEMENT (al-TacArruf) OF SULH OFFICERS
  1. Sulh Officer as Chairman of the Sulh session shall request all parties to take their respective places.

  2. The Sulh Officer shall begin the session by introducing himself, reading Surat al-Fatihah and prayers that are recommended (see Appendix 1).

  3. The Sulh Officer shall inform all parties concerned about the procedures used, as he reinforces the confidence of the parties to the sulh process and to himself (the Sulh Officer). If deemed necessary, encourage both parties to ask questions until the Sulh Officer is confident that they really understand what is to be carried out.

  4. The Sulh Officer shall state that the objective of sulh is to reach a voluntary settlement of their dispute on their own accord without any duress. The Sulh Officer shall explain the difference between the Sulh process and the other methods of settlements such as negotiation, arbitration and trial.

  5. The Sulh Officer shall clarify  the rules that must be obeyed, including:
    • All parties shall speak following their turn.
    • When a party speaks, the other party shall listen and pay attention.
    • When speaking, the speaker shall be calm and not raise his voice.
    • All parties shall speak and act in a polite manner and not harass the personality of the opponent.
    • All parties are not allowed to communicate directly between themselves except in the presence of the Sulh Officer.
    • All parties shall make an undertaking to comply with these regulations.

  6. The Sulh Officer shall encourage all parties to work together and give their best to reach an amicable settlement.
  7. The Sulh Officer shall declare to all parties that all matters discussed and negotiated in the Sulh session are confidential and will not be disclosed to anyone.

  8. The Sulh Officer shall declare his intention to all parties that he (the Sulh Officer) is to take notes during the entire Sulh session.
  9. The Sulh Officer shall declare to all parties that he should not be called to any court proceedings related to the case.


CHAPTER 4 – EARLY PRESENTATION BY DISPUTING PARTIES

  1. The Sulh Officer shall ask the Plaintiff/Applicant to present what is disputed by him, the impacts that arise and any suggestion for settlement.

  2. The Sulh Officer shall then ask the Defendant/Respondent to present what is disputed by him, the impacts that arise and any suggestion for settlement.
  3. After hearing the presentations from both parties, the Sulh Officer shall form a conflict map to identify the scope of the dispute between the two parties. For that purpose, the Sulh Officer shall have sufficient time and not being rushed. In addition to listing the points of contention between the parties in the conflict map, the Sulh Officer shall
    also identify the root cause of the conflict, the obstruction that exists or perceived to exist that impede the settlement, and actions that need to be taken to reach a settlement.
  4. The Sulh Officer shall conduct and manage the information obtained to determine: -

    • Issues or problems that need to be resolved;
    • Positions of the parties in the dispute;
    • Their interests;
    • Alternative (optional) solutions.
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