Sulh And Mediation: How Both Differ To Each Other

• Main Authors: Wahed, Hanis, Abdul Razak, Aida, Md Nasir, Nur Ashikin
• Format: Conference or Workshop Item
• Language: English
• Published: 2022
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/30461/1/SOLAS%20VI_2022_103_109.pdf; https://repo.uum.edu.my/id/eprint/30461/
• Institution: Universiti Utara Malaysia

Sulh has been practiced in the Shariah courts all over Malaysia. It is one of the methods of dispute resolution which is available in Islam. In Malaysia, sulh is only applicable in certain matters, such as matrimonial and religious disputes. Unlike sulh, mediation is applicable in wider matters, not only limited to family issues, but including others such as financial problems and community problems. Therefore, the question arises as to what are the differences between sulh and mediation. The main objective of the paper is to examine the question by looking at the definition, concept, and procedures of both practice to promote the application of both procedures in Malaysia. The research adopts the doctrinal legal research, based on analysis of primary and secondary sources such as the Quran, hadith, statute, and journal articles.