By, Sabrina Mohd Noor
GOMBAK, 29 May 2025: On 27 May, a special session, MUHAKAT SULH 2025, was held at IIUM Cultural Centre (ICC), featuring a live demonstration of the sulh or mediation process as practiced in the Syariah Court. The program was made possible through the collaboration between the Secretariat of Fiqh and Usul Fiqh (SOFI) of the International Islamic University Malaysia (IIUM), and the Department of Syariah Judiciary Malaysia (JKSM).
The program began with welcoming remarks from Mariam Jamilah binti Ali Sabri, a sulh officer from the Department of Syariah Judiciary Selangor. She briefly introduced the importance of sulh as non-adversarial method to resolve disputes, particularly in family and divorce cases, within a Syariah legal context.
One of the crucial points of the speech was the explanation about the concept of mut’ah. A symbolic compensation to a divorced woman as a form of ihsan, justice, and appreciation. Referencing Surah al-Baqarah, verse 237, the session emphasized the importance of not forgetting the kindness shared during marriage, even when the relationship ends.
Participants also learned about the legal basis for mut’ah and the circumstances where it becomes mandatory, including cases of talaq (divorce), li’an (mutual cursing), apostasy of the husband, fasakh (annulment) due to defects known before marriage, and conversion to Islam where one part remains non-Muslim. In addition, factors influencing the amount of mut’ah including the husband’s financial ability, lifestyle during marriage, wife’s background and character, and the duration of marriage. Ultimately, the decision lies within the Syariah court.
A notable real-life case reference, Faridah Sulaiman v. Mohd Noh Othman, was shared, where although the wife claimed RM168,000 in mut’ah, the Syariah High Court only awarded RM10,000, based on the husband’s monthly income. This is clear example of how fairness is exercised within Syariah rulings.
Furthermore, the highlight of the event was the special sulh demonstration, a simulation prepared and performed by a team of experienced sulh officers: Muhammad Hafiz bin Moksin, Mohd Khairi bin Kamis, Ms Sharizah binti Ngatiman, and Mohd Yuzairi bin Mohd Zamzam
These officers demonstrated a mock mediation session that aimed to educate the public on how sulh can lead to fair and peaceful resolution without prolongued courtroom battles.
The sulh demonstration revolved around a fictional case between Sufiah as a plaintiff and Razif as defendant. The scenario depicted a couple navigating a difficult divorce, with the wife requesting RM2.2 million as mut’ah, citing her sacrifices throughout their 20-year marriage and raising five children. She also argued that the husband was financially capable of providing the amount requested, as they had built a successful business printing together during their marriage. However, the husband explained that while their business had previously done well, he later faced financial instability due to the economic downturn. He therefore appealed for the mut’ah amount to be reduced and paid in installments.
Through a separate and joint mediated sessions, facilitated by sulh officer, both parties were guided toward understanding and mutual compromise. The session successfully concluded with a joint agreement where both parties agreed on a revised settlement to be paid in installments, demonstrating the effectiveness of sulh in achieving amicable resolutions in family disputes.
As the session came to an end, Tun Muhammad Hafiz Bin Moksin, the lead sulh officer, shared that such demonstrations play an important role in promoting awareness and building trust in Syariah dispute resolution mechanism. The session also highlighted the human values found within Islamic legal traditions such as compassion, fairness and reconciliation.
This event attracted students, academics and legal practitioners and members of the public who praised the initiatives for its clarity and relevance. As Malaysia continue to develop its legal education and Islamic judicial system, such programs are essential in nurturing and informed empathetic society to understands that justice in Islam is not just about punishment, but also about peace and understanding.***
