The Role of Sulh and Mediation in Family Conflicts in the State of Kedah Darul Aman: Legal and Social Implications

Abstract

This study explores the role of sulh and mediation in resolving family conflicts in Kedah Darul Aman, with a particular focus on their legal and social implications within the local community. Sulh, grounded in Sharia principles, adopts a spiritually and emotionally driven approach, rendering it particularly suitable for communities that uphold religious and traditional values. Conversely, mediation practised in civil courts follows a more rational, professional, and adaptable framework, making it an inclusive method for diverse societies. The study also examines socio-cultural dimensions, including family values, customs, and religious influences, to assess the effectiveness of both mechanisms in conflict resolution. Additionally, emerging developments such as technological integration and online mediation are analysed to identify challenges and opportunities in maintaining cultural sensitivity. Employing a qualitative methodology encompassing legal document analysis and a review of existing literature, the research highlights how the integration of traditional values with technological advancements can enhance the effectiveness of sulh and mediation. Findings suggest that Kedah’s family conflict resolution system remains predominantly traditional with minimal technological adaptation, yet there is considerable potential for enhancing efficiency and accessibility through digital integration. Consequently, the study advocates for comprehensive training programmes for sulh officers and mediators, equipping them with expertise in cultural norms and technological applications, alongside initiatives to raise public awareness of the benefits associated with both approaches. These measures are crucial in ensuring the continued relevance, effectiveness, and adaptability of sulh and mediation in addressing contemporary social dynamics while reinforcing the stability of familial institutions in an evolving societal framework.

Keywords: Sulh and mediation, family conflicts, legal, social, legal, community implications

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