PEMERKASAAN PELAKSANAAN SULH DALAM KES-KES HARTANAH MELALUI PEMAKAIAN ARAHAN AMALAN DI MAHKAMAH SYARIAH DI MALAYSIA

Abstract

The application of practice directions assists the implementation of sulh in the Syariah Courts in the preparation of work processes starting from case registration until the issuance of consent judgement order. This study examined the position and application of practice directions in the implementation of sulh with regard to real estate in the Syariah Courts. The data of this study was based on primary sources such as statutes, practice directions, judgement of cases, interviews and secondary sources such as journal articles and books. Descriptive content analysis was used to analyze the data collected. This study found that the application of practice directions serves as guidelines for sulh officers and syarie judges to conduct their duties effectively. Despite this, by using content analysis of the case decided, it was found that practice directions in empowering sulh implementation needs to be improved to deal with current challenges, including legal and administrative issues. The implications of this study can help strengthen aspects of judgement and case management processes in the Malaysian Syariah Courts.