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PEACE WITHOUT CONTROVERSY (SULH)

Sulh is a concept of dispute resolution in Islam that promotes peace and harmony ( Mohammad Nor Anwar Mohd Sabri , Nor 'Adha Ab Hamid , 2021). It is a form of reconciliation and resolution that is considered the best form of resolution in the Quran (Arifin, MA, Hashim, S., Abdul Rashid, K., 2022).

The word of God in the verse of the Qur'an, Surah Al-Hujurat:

"And if two groups of believers fight, then make peace between them; but if one of them acts unjustly against the other, then fight the unjust one until he returns to God's command; then if he returns, make peace between them justly and act justly; Indeed, God loves those who act justly."

(al-Quran, 49:9)

According to Nor'Adha Abdul Hamid & Mohamad Hafifi Hassim et.al (2019), Sulh is practiced in various fields, including marriage disputes, contract disputes, and family conflicts. It is an efficient method that offers a win-win situation for all parties involved. Islam encourages the practice of reconciliation and emphasizes the importance of seeking peace and avoiding disputes.

The Prophet Muhammad himself promoted peace and resolved disputes between his followers. The use of sulh is not limited to resolving disputes but can also be used as a procedure to avoid disputes altogether.

Overall, sulh plays an important role in promoting peace and resolving conflicts in Islamic law. The sulh or mediation approach has been widely used throughout the world in both Western and Middle Eastern countries. For example in the country of Kuwait, sulh is the main method of resolving cases and only 1% of cases are tried in Court.

In the state of Selangor, the Selangor Syariah Justice Department (JAKES) has implemented sulh since 2000 and the law used is the Selangor State Syariah Court's Sulh method 2001 which is the forerunner of Sulh law in Malaysia.

In addition, JAKESS is also the first Syariah Justice Department to establish an Alternative Resolution Division (ADR) in Malaysia. Since 2018, the resolution process has helped resolve cases at JAKESS every year as the resolution statistics are as follows:

Source: JAKESS ADR Statistics, 2024

It clearly shows that more than 70% of the cases assigned to sulh are successfully resolved with a peaceful settlement without going through the trial process.

This shows that the role of sulh is very significant in assisting the Syariah court in resolving disputes without taking a long time and commitment compared to if the case is tried before a Syariah judge.

The Conciliation Council is run by a Conciliation Officer who is responsible for assisting the parties in reaching a resolution of the case and leading the Conciliation discussion in accordance with the Conciliation method and subsequently preparing a Conciliation report to be submitted to the trial judge (Mohd Fuad, 2008).

Conciliation officers should be neutral to find an agreement to resolve the dispute (Nora Abdul Hak & et al, 2011) between the parties by looking at the material facts in the case. Mediation is confidential and only involves parties and Mediation officials. Everything discussed in it cannot be used as evidence in the trial if the case is not successfully resolved in the sulh council and distributed to the trial court.

Why is it necessary for the community to fight in court when disputes can be resolved peacefully and without conflict. Sulh can resolve conflicts or disagreements peacefully and peacefully.

The advantage is that it allows the parties involved to negotiate in a mutually respectful manner without requiring a third party, the Judge, to decide the dispute. Sulh provides an opportunity to reach a decision that satisfies all parties. In addition, sulh also saves more time and costs than solving through the court process with an easy way and without the cost of sweating in court.

The community is still less exposed to the Sulh method. Therefore, in order to provide exposure to the community regarding the advantages of Sulh, JAKESS since 2019 until 2023 has organized the Sulh Community program with the objective of improving knowledge and specific skills related to guided discussion techniques, namely sulh and mediation for participants.

Next, this program can give exposure to participants in helping the community resolve any dispute using sulh and mediation techniques.

Among the agencies that have participated in the organization of this program is the Selangor Islamic Religious Department's Mosque Management Division (JAIS) whose participants are mosque imams and HELWA mosques in the state of Selangor.

In addition, JAKESS also collaborated with Wanita Berdaya Selangor (WBS) in organizing this program in 2022. In 2023, JAKESS has collaborated with the Sectoral Section, State Economic Planning Unit (UPEN) by targeting village heads in the state of Selangor about understanding of sulh.

Efforts to provide exposure to the community regarding alternative dispute resolution should continue to be given from now on in order to change the public's perception that disputes can only be resolved peacefully without disputes and tongue-lashings in the courtroom.

Sulh is the best method as God's guarantee in the verse of the Quran, namely in Surah al-Nisa, which means, "Peace is better" (Al-Quran, 4:128). Carrying out reconciliation not only resolves claims but also gets a reward for carrying out the advice of Allah, may God bless him and grant him peace. In this verse too, it is clear that reconciliation is the best of morals.

Date of Input: 14/05/2024 | Updated: 14/05/2024 | asmunir

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