Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya

Hadanah procedural law in Syariah Court that was influenced by civil law at the beginning of its legislation has improved in parallel with the legal development in Syariah Court. Significant changes in hadanah provisions that has been implemented in the scope of Islamic law administration, Islamic f...

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Main Author:	Nadia Murshida, Azzis
Format:	Thesis
Language:	eng eng
Published:	2021
Subjects:	K Law (General)
Online Access:	https://etd.uum.edu.my/9710/1/s900565_01.pdf https://etd.uum.edu.my/9710/2/s900565_02.pdf
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id	my-uum-etd.9710
record_format	uketd_dc
spelling	my-uum-etd.97102023-11-05T00:58:57Z Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya 2021 Nadia Murshida, Azzis Azhar, Alias Md Isa @ Yusuff, Yusramizza Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) Hadanah procedural law in Syariah Court that was influenced by civil law at the beginning of its legislation has improved in parallel with the legal development in Syariah Court. Significant changes in hadanah provisions that has been implemented in the scope of Islamic law administration, Islamic family law and mal procedural law, aimed to attain maqasid shari’ah in Syariah law and judiciary. Although hadanah cases are resolved according to legal provisions, it did not manifest the realization of maslahah of religion, life, intellect, lineage and property of a child. As hadanah principle is unclearly stated in the substantive law, this leads to confusion on the application of procedure and case proceedings. Thus, the application of maslahah and maqasid shari’ah seems to be inconsistent. With these uncertainties, there are possibility to review hadanah provisions in Syariah Court, evaluate its weaknesses and find solutions. The objective of this study is to analyse legal provisions of substantive and mal procedural of hadanah in Syariah Court. This study identifies the development and inadequacy of substantive and mal procedural law and hadanah proceedings in Syariah Court. This study suggests improvement and amendments to the laws and hadanah case management in Syariah Court. By confining this research to the northern zone states of Malaysia that is Kedah, Perak, Pulau Pinang and Perlis, the data of this study were obtained through library research and interviews conducted with eleven respondents. The study indicated that hadanah cases has been improvised when trials were held in Syariah High Court without Civil Courts interference in terms os reference and appeal process. Although the court hierarchy and Jabatan Kehakiman Syariah Malaysia’s Gunasama Scheme differs between the researched states, no legal impediment occurs. The study found that substantive law requires improvements concerning definition of the main basic terms and rights of those who are related in child custody. This research reveals that ineffectiveness of Majlis Sulh, non-compliance of court documents as per Practice Direction, omission of summary procedures contained in the enactment and inexistent of proper guidelines such as child interviews impacted the procedural rules and hadanah proceedings that should complied with siyasah syar’iyyah. Thus, this study suggests substantive and procedural law amendments, strengthen sulh procedure and reinforce hadanah proceedings in Syariah Court. 2021 Thesis https://etd.uum.edu.my/9710/ https://etd.uum.edu.my/9710/1/s900565_01.pdf text eng public https://etd.uum.edu.my/9710/2/s900565_02.pdf text eng public other doctoral Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng
advisor	Azhar, Alias Md Isa @ Yusuff, Yusramizza
topic	K Law (General)
spellingShingle	K Law (General) Nadia Murshida, Azzis Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
description	Hadanah procedural law in Syariah Court that was influenced by civil law at the beginning of its legislation has improved in parallel with the legal development in Syariah Court. Significant changes in hadanah provisions that has been implemented in the scope of Islamic law administration, Islamic family law and mal procedural law, aimed to attain maqasid shari’ah in Syariah law and judiciary. Although hadanah cases are resolved according to legal provisions, it did not manifest the realization of maslahah of religion, life, intellect, lineage and property of a child. As hadanah principle is unclearly stated in the substantive law, this leads to confusion on the application of procedure and case proceedings. Thus, the application of maslahah and maqasid shari’ah seems to be inconsistent. With these uncertainties, there are possibility to review hadanah provisions in Syariah Court, evaluate its weaknesses and find solutions. The objective of this study is to analyse legal provisions of substantive and mal procedural of hadanah in Syariah Court. This study identifies the development and inadequacy of substantive and mal procedural law and hadanah proceedings in Syariah Court. This study suggests improvement and amendments to the laws and hadanah case management in Syariah Court. By confining this research to the northern zone states of Malaysia that is Kedah, Perak, Pulau Pinang and Perlis, the data of this study were obtained through library research and interviews conducted with eleven respondents. The study indicated that hadanah cases has been improvised when trials were held in Syariah High Court without Civil Courts interference in terms os reference and appeal process. Although the court hierarchy and Jabatan Kehakiman Syariah Malaysia’s Gunasama Scheme differs between the researched states, no legal impediment occurs. The study found that substantive law requires improvements concerning definition of the main basic terms and rights of those who are related in child custody. This research reveals that ineffectiveness of Majlis Sulh, non-compliance of court documents as per Practice Direction, omission of summary procedures contained in the enactment and inexistent of proper guidelines such as child interviews impacted the procedural rules and hadanah proceedings that should complied with siyasah syar’iyyah. Thus, this study suggests substantive and procedural law amendments, strengthen sulh procedure and reinforce hadanah proceedings in Syariah Court.
format	Thesis
qualification_name	other
qualification_level	Doctorate
author	Nadia Murshida, Azzis
author_facet	Nadia Murshida, Azzis
author_sort	Nadia Murshida, Azzis
title	Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
title_short	Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
title_full	Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
title_fullStr	Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
title_full_unstemmed	Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya
title_sort	tuntutan hadanah di mahkamah syariah di zon utara malaysia: analisis permasalahan tatacara mal serta penyelesaiannya
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2021
url	https://etd.uum.edu.my/9710/1/s900565_01.pdf https://etd.uum.edu.my/9710/2/s900565_02.pdf
_version_	1783729414020792320

Tuntutan Hadanah di Mahkamah Syariah di Zon Utara Malaysia: analisis permasalahan tatacara Mal serta penyelesaiannya

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