SER SATISFACTION WITH SULH (MEDIATION) IN THE SELANGOR SYARIAH JUDICIAL DEPARTMENT

Abstract

In the last few decades, there is a widespread trend in family law in the United States of America, Europe and other industrialised countries, towards informality in dispute resolution particularly for disputes involving custody and other issues about children (Wall and Dunne, 2012; Nolan-Haley, 2012; Wilson-Evered, Macfarlane, Zeleznikow and Thomson, 2011). Increased rates of divorce, general dissatisfaction with the procedural aspects of the law and the ineffectiveness of the provisions intended to encourage reconciliation, resulted in the introduction of an alternative mechanism for helping parties to deal with the consequences of their family disputes (Kim and Oka, 2011; Emery, Sbarra and Grover, 2005; Conneely, 2002; Kelly, 2001). This alternative mechanism is known as family mediation which was claimed by its proponent to be more family friendly.
Alternative dispute resolution (ADR) is not new to Islam. Islam which is not only a religion but a way of life provides a framework in which relations between human beings are facilitated and conducted. In everyday life, dispute or conflict is inevitable. Islam advocates amicable settlement of every dispute to avoid antagonism between parties. It is irrefutable that many relationships, whether family or businesses are destroyed by the process of litigation (Ananat and Michaels, 2008; Lizardi, Thompson, Keyes and Hasin, 2009). Therefore, resolving disputes through alternative mechanism such as mediation establishes a productive relationship for the future.