[en] Mechanism of Enforcement and Execution of Muslim Maintenance Order: Court Based System

Abstract

ABSTRACT
The weaknesses of the enforcement and execution of a court order always becomes as a reason of the occurrence of noncompliance with court orders issued by the Syariah Court. In other words, the effectiveness of enforcement mechanisms
will enhance compliance with orders issued by the Syariah Court. Many looked at the weaknesses of enforcement as the
weaknesses of the Syariah court as the agency for implementing justice and thus undermining the position of Islamic law. However, very little attention has been given in the literature what constitutes the mechanism of enforcement and execution of maintenance order in syariah court. Hence, the purpose of this article is to examine the mechanism used pertaining to the non compliance of the court order as regard to maintenance orders. The content analysis approach will be used as it is appropriate to identify the mechanism used by the selected Syariah courts in settling the enforcement and execution cases. Through the content analysis method the background of the cases as well the approach of the courts player will be identified respectively. The data from the study then will be presented in descriptive and inferential statistics to explain the frequency and the percentage of variables studied. The study suggested that the process of giving judgment relating to maintenance should be improved. In addition, the assimilisation between non legal and legal process should be well organized to make the enforcement and execution process more effective. The weaknesses found should be addressed in future studies to identify the best method to implement it well.