TUNTUTAN FASAKH: KAJIAN DARI PERSPEKTIF UNDANG-UNDANG TATACARA MAL

Fasakh Proceedings: A Study from Perspective of Shariah Courts Civil Procedure

Abstract

This article focuses on the fasakh proceedings from the perspective of the civil procedure that have been adopted in the Shariah Courts in Malaysia, in terms of advantages and disadvantages to identify fairness and efficiency in speeding up the fasakh trials without compromising the principles of Islamic jurisprudence and justice in case judgment. This study shall focus on some of the provisions of the civil procedure that contribute to the delay in fasakh proceedings with particular reference to the Shariah Courts Civil Procedure Enactment of Selangor 2003; as representing all the other states in Malaysia. These provisions include the summon delivery process, jurisdiction of the courts, the trials and the appeals. This article has shown that the provisions of the civil procedures needed to be improved so as to ensure that fasakh cases could be expedited in a short period of time.