Professionalising Sulh in Malaysian Syariah Courts: Competency, Ethics and Governance

Abstract

Court-connected Sulh, a facilitated process of amicable settlement, depends on the ability of officers to facilitate informed agreement while respecting the legal limits of settlement. Professional training is therefore necessary, but its value also depends on the institutional arrangements through which competence is assessed, ethical duties are implemented and expertise is retained. This article examines how these elements can be connected within the governance of Sulh in Malaysian Syariah courts. It adopts a doctrinal and normative approach, drawing on selected legal provisions reproduced by the Federal Territories Syariah Court, published institutional materials, Sulh scholarship, international mediation standards and organisational research on knowledge transfer. The analysis distinguishes legal authority to conduct Sulh from training certification and demonstrated professional competence. It also distinguishes existing ethical standards from the organisational mechanisms needed to support their application. The article proposes a proportionate professionalisation approach, scaled to case risks and institutional resources within existing lawful authority, comprising assessed entry preparation, supervised practice, continuing development, ethical review and institutional learning. Career progression and reassignment are considered as occasions for preserving access to experienced officers through mentoring, specialist casework and training, subject to institutional needs and applicable appointment arrangements. These proposals are not presented as findings of nationwide non-compliance or as a validated accreditation model. The central argument is that professionalisation should strengthen accountable discretion, meaning reasoned facilitative choices subject to consent, ethical duties and supervision, within existing court structures rather than create an additional credentialing requirement detached from practice.