Comparative analysis of reconciliation procedures in Syariah and Civil courts
Reconciliation in divorce proceedings has been introduced in family courts in dealing with application for divorce. This study focuses on the functions, the appointment of committees, and the procedures of reconciliation in Shariah courts and Civil courts to compare the practice of laws between...
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| Main Authors: | , , , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Secholian Publication PLT
2022
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/101448/1/101448_Comparative%20analysis%20of%20reconciliation.pdf http://irep.iium.edu.my/101448/ https://www.msocialsciences.com/index.php/mjssh/article/view/1854/1294 |
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| Institution: | Universiti Islam Antarabangsa Malaysia |
| Language: | English |
| Summary: | Reconciliation in divorce proceedings has been introduced
in family courts in dealing with application for divorce.
This study focuses on the functions, the appointment of
committees, and the procedures of reconciliation in
Shariah courts and Civil courts to compare the practice of
laws between Section 47(5) to (17) of the Islamic Family
Law (State of Selangor) Enactment 2003 (IFLSE 2003) and
Section 106 of the Law Reform (Marriage and Divorce) Act
1976 (LRA 1976). This study was conducted through
doctrinal and comparative legal research of the existing
literature, including academic articles, statutes, and case
laws relating to reconciliation. The findings establish the
similarities and differences of both statutes. This study
suggests that a reconciliation before a legal proceeding
may employ a subtler approach for out-of-court
negotiation leading to potentially better results |
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