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Process of Conducting Sulh Session at Syariah Court

1. Introduction

The brief guide is issued to explain the concepts of the implementation of sulh which has been introduced in the Islamic Family Laws in the states through the Syariah Court Rules of Sulh.

2. The Meaning of Sulh

Al-Sulh in Arabic means ’to stop quarrelling’ which implies ‘to compromise’ while in the Islamic sense it means an agreement entered into to resolve dispute/conflict between the parties who are Muslims. In the practice of civil law it is called Mediation. In other words, the scholars of fiqh define al-Sulh as a binding agreement or a contract reached together to achieve a compromised peace between two or more parties which are in disagreement/dispute. The practice of sulh is also practiced in the field of Islamic mu'amalat.

3. Al-Sulh from Islamic Legal Aspect

  1. From Islamic law point of view, the practice of Al-Sulh among the people is recommended. Thus, it is not forbidden for a judge to practice sulh to the parties involved. Judges may encourage them to practice sulh if any of the parties involved does not know about the subject or its real right. Sulh is one suggestion that has been enacted by Al-Qur'an, Al-Sunnah and Ijma’.

  2. In the Al-Qur’an in Surah An-Nisa’, verse 128, meaning: “…sulh is a good thing.”

    This verse is derived from a long verse related to legal aspect of sulh or reconciliation between husband and wife. The verse translation is as follows:-

    “If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best.”  - Surah an-Nisa’, verse 128 (Abdullah Yusuf Ali)

  3. While in al-Sunnah as uttered by the Prophet, meaning:

    "Settlement (sulh) or compromise is a necessary matter among the Muslims, except sulh to make halal for matters that are haram, or to make harams matterthat are halal." 

    (Hadith narrated by Ibn Hibban) In Ijma’, the scholars wholly agreed to legalise sulh with the view that most contracts have their own benefits, including resolving disputes and conflicts between husband and wife.

4. Procedures for Implementation of Sulh at Syariah Court

Implementation of sulh proceedings begins when the Court receives each application under civil jurisdiction, such as application for divorce or a claim as a result of divorce, for instance eddah maintenance, child maintenance and child custody between the husband and wife or those who have family ties around them.

According to the Syariah Court Rules of Civil Procedures (Sulh) 2002, a number of procedures will be carried out by the Chief Registrar/Syariah Court Registrar for those who have just registered the application/claim for their cases.

Please Refer to:

a) Sulh Work Process - Appendix 1A
b.) Sulh Flow Chart - Appendix 1B

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