EMOTIONAL DISORDER AS OBSTACLE TO SULH SETTLEMENT IN CHILD CUSTODY CASES IN MALAYSIA

Abstract

Sulh is renowned for resolving various types of disputes, including hadhanah (child custody) matters in the Syariah Court. However, its effectiveness in responding to hadhanah (child custody) cases that involve emotional disorders requires further investigation. The main objective of this study is to examine the obstacle brought forth by a party suffering from an emotional disorder in a sulh session of a child custody case in Malaysia. The study adopts a qualitative approach and builds on library resources. Data were analyzed descriptively from a literature review on sulh, emotional disorder, and court processes. This study finds that a party who suffers from emotional disorder in a child custody case may affect sulh settlement because it obstructs the sulh officer from carrying out his facilitative task effectively according to the rules mentioned in the sulh procedure and sulh work manual. Therefore, the implication of this study is to draw awareness of the incidence of emotional disorders and the need for the Syariah Court to conduct an early reality check on each party’s mental capacity prior to determining whether to place a particular child custody case for possible sulh settlement.