Empowering the Legal Procedures for Civil Cases involving Persons with Disabilities (PWDS) in the Malaysian Syariah Court
The legal procedures for Civil cases involving Persons with Disabilities (PWDs) in the Malaysian Syariah Court, which include registration procedures, case handling, and Civil case management, are deemed to be less specifically and clearly stated or discussed in the provisions and current Islamic...
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| Summary: | The legal procedures for Civil cases involving Persons with Disabilities (PWDs) in the
Malaysian Syariah Court, which include registration procedures, case handling, and
Civil case management, are deemed to be less specifically and clearly stated or
discussed in the provisions and current Islamic Law. This matter has an impact and
challenges for PWDs seeking justice and appropriate rights in Malaysian Syariah Court.
Thus, it was clear that Malaysian Shariah legal system needed to be empowered and
improved in registering, managing and handling Civil cases involving PWDs in
Malaysian Syariah Court. Therefore, the objective of this research is to identify the
definition of PWDs and their position according to Syarak and Malaysian legal system.
This research also attempts to examine current practices, including issues and
challenges faced by the Malaysian Syariah Court regarding the legal procedures of Civil
cases involving PWDs, as well as suggest a form of empowerment that the Syariah
Court can implement to improve existing practices. This qualitative research design
adopts library research, interview and observation to achieve the objectives of the study.
The collected data will then be analyzed using descriptive analysis, inductive and
deductive reasoning to produce conclusions. According to the study’s findings, the legal
procedures for Civil cases involving PWDs in Syariah Courts need to be strengthened
or empowered due to the absence of specific guidelines that can be used as a guide or
work manual for legal practitioners and PWDs themselves. The current practice also
varies depending on the Court’s initiative or wisdom in managing and handling the said
cases. This has resulted in a number of issues and challenges, as well as the need for
empowerment. The study also suggests that among the empowerments that can be
implemented are the development of standard guidelines related to the legal procedures
of Civil cases involving PWDs in the Malaysian Syariah Court, the improvement of
legal practitioners’ existing skills in the handling of Civil cases, and to raise awareness
among the disabled community about Syariah jurisprudence and its procedures in
Syariah Court. It is hoped that this study will elevate the Shariah legal system in
Malaysia and serve as a resource for various agencies or individuals in Malaysia,
including judicial institutions and Islamic administration, researchers, academics, the
disabled community, and others. |
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