Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia

The goal of resolving disagreements amicably has been emphasized in numerous Islamic legal texts. Since 2001, the Malaysian Shariah Court has offered mediation, or sulh, as a form of alternative conflict resolution. Sulh aspires to end the ongoing hostilities and restore peace between the parties. The COVID-19 pandemic has affected the marital system among the Muslim community in Malaysia, leading to the practice of online sulh besides the normal face-to-face sulh, particularly in child custody dispute situations. The study employs a combination of library-based, qualitative research approaches and interviews with the sulh officers. This article explores the legislative framework and the implementation of sulh or mediation in the Syariah Court, with a particular emphasis on cases involving child custody issues. The study revealed that mediation is a suitable means of resolving family disputes, particularly the hadhanah or child custody disputes. Apart from that organized legislation, rules, and regulations make the implementation of mediation neat and orderly.