KEHAKIMAN DAN PENGHAKIMAN MAHKAMAH SYARIAH DI MALAYSIA: SATU SOROTAN

Abstract

Orders and judgments in Shariah Courts have often being challenged at a higher level. Not only that the laws applied in Shariah Court itself also have been challenged in the Civil Courts. As many studies have made in the past on this issues, this article aims to review the related literatures on the subject. Through content analysis of the literatures it found that most of the studies concentrated on organization, function and jurisdiction of the judicial institutions of Shariah Court in Malaysia. Only a little number of the studies analyzed the reasons that led to the grounds of judgment and methods and principles used in the court decision. Based on literature point of view, it can be observed that the judges in Shariah Court have lack of understanding towards the importance and role of judgment methodology in order to come up with a just and transparent decision so much so their grounds of judgment are sometimes be impractical and refutable.