Hak Penyertaan Kanak –Kanak dalam Prosiding Sulh (Mediasi) Di Mahkamah Syariah The Vioce of the Child in Sulh (Mediation) Proceeding

Abstract

The past decade has seen a growing recognition internationally that children have a right to participate in matters that affect their lives. In a family legal proceeding, it is in practice left to the discretion of a judge to decide whether the child is heard. Interviews have become the most common approach by family court judges in Malaysia to resolve problematic custody disputes. However, many family law practitioners believe that this can be detrimental to the children as the judges are not experts in child psychology and counselling. Hence, this article intends to critique the effectiveness of Sulh (mediation) procedure in resolving custody dispute (hadhanah) in the Syariah Court. Despite the importance of consulting the affected children, their views are rarely sought nor acknowledged within the judicial setting. Legal fraternity and parents play a significant influence on whether children’s are heard in court and Sulh chamber. There is a need for further research to explore legal professionals’ and parents’ perspectives on children’s active involvement in decision-making. This information could be used to develop guidelines that will assist professionals and parent in facilitating and supporting children’s participation.