Qualification Status for Close Family Members to Act As an Intermediary for Hearing Impaired Individual’s Case in Syariah Court

Abstract

Syariah Courts lack personnel who can understand or use sign language to handle cases involving hearing impaired individuals. Pertaining to the cases involving hearing impaired clients, this article seeks to investigate the eligibility status of closest family members as intermediaries in the Syariah Court. In this qualitative research, appropriate and related data was obtained using the interview and documentary method. Interviews were performed with six Syariah officers and hearing impaired respondents who had conducted or experienced court proceedings in the Syariah Court. Meanwhile, additional data from the related primary and secondary documents were collected from documentary studies. Next, the collected data were analysed using thematic and qualitative content analysis methods. The research outcomes are separated into four elements. First, a hearing impairment individual’s case is referred to sign language interpreter who acted as the main intermediary between the court and the parties involved. Islam encourages humans to seek help from the field’s experts to be fair and just, which in this case is the sign language interpreter, as they are more knowledgeable and experienced with the deaf community. Second, in a situation where the case was filed through the application process by hearing impairment individuals, the intermediary can be appointed from the applicant’s own family members. The intermediary’s role is to assist and explain what was requested by the deaf applicant, but of course with supervision by an authorised interpreter. However, it is different in cases filed through claim proceedings. The appointment of a family member as an intermediary in a claim proceeding case is irrelevant. This is due to the nature of the claim case itself which only involve two disputing parties. Thus, the case shall be overseen and handled by a qualified sign language interpreter to avoid confusion. Third, hearing impairment individual or deaf community has their own culture and lifestyle. They tend to confide in and put their trust in fellow deaf rather than unimpaired friends and family. The camaraderie and shared disability bond the deaf community tighter. Fourth, the aspect of intermediary selection must be scrutinised to ensure no manipulation and deceit in translating sign linguistic to spoken language. All of these elements will establish excellent two-way communication between the court and the parties involved in a case. The implication of research discovers that the sign language interpreter whose expert in legislation is very much needed to assist in hearing impairment individual case. The continuation of research can be carried out in the framework to identify other necessities beneficial to hearing impairment individuals at the Syariah Court.