KEHAKIMAN DAN PENGHAKIMAN MAHKAMAH SYARIAH DI MALAYSIA: SATU SOROTAN

Abstract

Orders and judgments in Shariah Courts have often being
challenged at a higher level. Not only that the laws applied
in Shariah Court itself also have been challenged in the Civil
Courts. As many studies have made in the past on this issues,
this article aims to review the related literatures on the subject.
Through content analysis of the literatures it found that most of the
studies concentrated on organization, function and jurisdiction
of the judicial institutions of Shariah Court in Malaysia. Only a
little number of the studies analyzed the reasons that led to the
grounds of judgment and methods and principles used in the court
decision. Based on literature point of view, it can be observed that
the judges in Shariah Court have lack of understanding towards
the importance and role of judgment methodology in order to
come up with a just and transparent decision so much so their
grounds of judgment are sometimes be impractical and refutable.