Amalan Pengurusan Sulh Di Jabatan Kehakiman Syariah Sarawak Bahagian Kuching

Abstract

Nowadays Sulh is one of the methods of Alternative Dispute Resolution (ADR) which is much appreciated in Malaysia, especially in the Syariah Court. Therefore, this article analyzes the Sulh administration’s practices at the Department of Sarawak Syariah Judiciary (DSSJ), Kuching Division, Sarawak. This study aims to three main objectives, which are analyzing the definition, theory, concept, and practices of Sulh in Islamic jurisprudence as well as at DSSJ Kuching Division; and analyzing the administration aspect of Sulh Unit at the same location. The study applies three categories of previous literature sources, namely 8 sources of open literature, 19 sources of special literature, and 12 official sources from agencies with jurisdiction in Shariah law in Malaysia. Furthermore, this article uses three main methods in the data collection process: library research, interview, and document analysis. While the data collected for this study is from 2014 to 2020, which is for 7 years only. While the data analysis method uses three main methods, namely the inductive method, deductive method, and comparative method. The results of this study provide a summary of the three key findings. Firstly, the method of sulh has been successfully developed based on sources from the Qur’an, al-Sunnah, and the treasures of Islamic jurisprudence. Secondly, the sulh method is enabled as one of the methods in the ADR. Finally, this article also confirms the importance of specialization in the field of work as a Sulh Officer, especially the strengthening of soft skills such as communication skills, psychology, and counseling.

Keywords: Alternative dispute resolution, Islamic Law, Mediation, Sulh.