Addressing Maintenance Arrears without Litigation: Family Support Division (BSK) Mediation as an Early Resolution Mechanism

The issue of outstanding maintenance, particularly child maintenance and nafkah iddah, remains a significant challenge in the enforcement of Syariah court orders in Malaysia.Although Islamic legal provisions explicitly place the responsibility of maintenance on fathers or former husbands, non-compliance persists, thereby undermining the welfare of children and divorced women.This study examines the role of the Family Support Division (BSK) in implementing mediation as an alternative early resolution mechanism for outstanding maintenance claims.Adopting a qualitative approach through library research, observation, and interviews, the study evaluates the effectiveness of mediation in terms of success, failure, and issues of non-attendance by parties.Data from 2024 reveal that 69 cases of maintenance arrears were registered with BSK, amounting to a total of RM665,039.51.Of these, 26 cases (37.68%) were successfully resolved through mediation, 20 cases (28.99%) failed to reach agreement, while 23 cases (33.33%) could not proceed due to the absence of parties.Further analysis shows that when both parties attended, the success rate increased to 56.53%, compared to 43.47% that failed to achieve consensus.These findings underscore attendance as a critical factor in ensuring the effectiveness of mediation.Despite challenges such as uncooperative attitudes, emotional conflicts, and wide discrepancies in claims, mediation continues to offer advantages in terms of time, cost, and a more conciliatory approach compared to full litigation.This study recommends enhancing public awareness, strengthening mediator facilitation skills, and reinforcing compliance mechanisms to ensure greater commitment to mediation sessions.Hence, mediation has the potential to serve as a complementary instrument within the Syariah judicial system, safeguarding maintenance rights, protecting the welfare of children and divorced women, and reducing the litigation burden on the courts.