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Community Mediation in Malaysia:

A Journey from Malacca Sultanate to the

Department of Unity and Integration Malaysia (“DNUI”)

Hanna Binti Ambaras Khan

International Islamic University Malaysia

Email : hannaambaraskhan@yahoo.com

Community Mediation in Malaysia: A Journey from Malacca Sultanate to the

Department of Unity and Integration Malaysia (“DNUI”)

Abstract

Malaysia is a multicultural, multi-religion and multiethnic country that located at Southeast

Asia. The social background of Malaysia as multicultural state calls for an alternative to

resolve community dispute, one that could offers solution and simultaneously promotes

harmonization in the society. The Government of Malaysia has introduced community

mediation in Malaysia, in the form of training of the community mediators through a pilot

programme, Rukun Tetangga (“Peaceful Neighbourhood”). The purpose of this programme is

to promote unity among the multi-races and multi-ethnic citizens. This method however was

well established by the Malay community prior to the introduction to English law by the

British known as Sulh (mediation). Thus, the current practice is not a new method. This

article will refer to the practice of Sulh in Malay community and the current practise of

community mediation in Malaysia provided, by the National Unity and Integration

Department in Peninsular Malaysia. It is hoped that by looking at both practices suggestions

and recommendations could be made to improve the practise of community mediation in

Malaysia.

Key Words: Community Mediation, Malay, Malaysia, Rukun Tetangga, Sulh.

(Paper presented at “Community Mediation in Malaysia: A Journey from Malacca Sultanate

to the Department of Unity and Integration Malaysia (“DNUI”)” in International Conference

on Islam in Asia and Oceania: Historical, Cultural and Global Perspectives 2012 at

International Institute of Islamic Thought and Civilization (ISTAC), Kuala Lumpur)

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1) Introduction

Maintaining harmony and unity in the society was highly emphasized by the Malay

community. Prior to the introduction of the English common law, the Malays refer their

dispute to a headman (Penghulu or Ketua Kampung), who acted as a third party to resolve the

matter. As for the Indian and Chinese who have settled down in Malaya, they resolve their

disputes through mediation by the elders of the community, clans or guild.1 They tried to

avoid chaos in any situation. Basically, Malaysians have been practising traditional mediation

long time ago.

This traditional mediation is currently promoted by Department of National Unity and

Integration (“DNUI”) through a community mediation pilot project undertaken by the Rukun

Tetangga (“Peaceful Neighbourhood”). Community mediation is a mediation process

adopted by the disputing parties within a community as a solution to resolve their dispute,

mediation itself is one of the ADR or alternative modes of dispute settlement. ADR or

alternative dispute resolution is an acronym popularly referred to such alternative methods of

dispute settlement such as negotiation, mediation/conciliation, arbitration, mini-trial and

private judging etc.2

The aim of this paper is to highlight the existence of the mediation (sulh) practice in

Malay community prior to the colonial period and to study the present community mediation

practice in Malaysia. The Malay community is referred in this paper because they were the

original people who occupy the Malay States or Malaya before the colonial period and after

post independence of Malaya (Malaysia).

This paper involves library-based research whereby both primary and secondary legal

sources such as journals, articles, law reports, legislation, and historical record and the virtual

library are referred. Some other research resources are the online database such as

LexisNexis, Law Net and Current Law Journal online. This method helps to understand the

mechanism of community mediation, mediation and the existence of Sulh since pre-colonial

period. The second method adopted is qualitative research method by interviewing officers

from the Department of Unity and Integration, the qualified Community Mediators, lawyers

and a few selected some citizens to extract information on how and what are the mechanism

adopted by Rukun Tetangga in carrying out the community mediation project. The research

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focused on Peninsular Malaysia only. From the research, it is obvious that mediation in

Malaysia is not a new method of resolving disputes among the citizen. It was well established

in Malay society since the Malacca period of time under the name of amicable settlement

(Sulh) that was adopted from Islamic law and included in Malacca written laws – the Malacca

Laws.

2) The Society Background of Malaysia

A multi-ethnic, multicultural, multilingual and multi-religious Malaysia is located in

Southeast Asia. There are more than 60 ethnics or cultural differentiated groups can be

enumerated in Malaysia, and the population of Malaysia is 27 million.3 The main ethnic

groups are Malays, Chinese and Indian.4 The differences in terms of religions, languages,

codes of dressing, customs, behavioural patterns are tolerated for the sake of maintaining

harmony, unity and understanding. The ethnic groups have full liberty to retain their

identities e.g., their fundamental beliefs, religion, traditions and way of life and at the same

time assimilating with the other ethnic group. The result has caused the emergence of a

unique multicultural, multi-ethnic and multi-religion of Malaysia. The diversity is not

considered as a barrier of having a harmony and peaceful life.5

3) The Origin of Rukun Tetangga

Malaysia was left with plural society by the British after independence. The plural

society was built by British to supply them with labours to exploit the Malaya‟s (later known

as Malaysia) natural resources such as cassiterite and iron ore tin. The policy of welcoming

the immigration began in 1890‟s, after they had established a political power in the Malay

States.6 They have however, prevented integration between the races by segregated each

races according to their divide and rule policy. The colonial practices, undergirded by a

racial ideology of innate or inherent differences, had caused the preservation and the

institutionalization of perceived differenced among the races.7 The major concern of the

Government of Malaysia upon independent was to develop a strong sense of national unity

and identity.8 Thus, promoting unity in Malaysia is an untiring effort and ongoing process

that was spearheaded by the Malaysian Government.

The Malaysian government views the issue of ethnic relations as a real threat to the

social stability of the country particularly after the occurrence of an interracial clashed on 13

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May 1969.9 The establishment of Rukun Tetangga in 1975 is one of the Malaysian

Government‟s efforts to avoid future racial disputes. Initially the scheme was to ensure the

safety of the local residents. Peaceful Neighbour Regulation 1975 (PU (A) 279/75) was

approved to grant certain powers to the Peaceful Neighbour Association. In 1984, the focus

of this organization was changed to strengthen the relations between the various races in

Malaysia. 10

In 2001, the focus of this program was once again turned to the development of

the community. The priorities of this Peaceful Neighbour programme are to help the

disputants to resolve their dispute in the neighbourhood and to avoid any racial tension,

which subsequently can create a harmony in the society. Presently, Rukun Tetangga is placed

under the auspices of Community Development Unit, under the Department of National

Unity and Integration (“DNUI”).

4) The Nature of Community Mediation

Community mediation is a type of mediation that is chosen as a solution to the

neighbourhood problems because the process is flexible and informal, and it brings the

disputing parties together in the presence of a community mediator; a neutral party, who

assists them to work out their problems with each other, clarify the issues, discuss their

opinions, and eventually reach a consensual settlement to their problems after having

explored all options.11

The definition of community mediation is different from one area to another.

Therefore, many authors have defined community mediation differently. The reason is that

the definition may be extended by including resolving disputes in a wider area instead of the

community alone. The changes of the definition are due to the progresses of each community

mediation centre in its scope. For example, according to Mariann Liebman (1998),

community mediation or neighbourhood mediation concerns disputes between neighbours

within the community that can be extended to other disputes such as disputes between groups

and organisation but exclude the commercial disputes or family disputes involving divorce

and separation of couples; however, it may deal with family disputes in general such as

matters between parents and teenagers after a particular incident.12

Loukas A. Mistelis (2001) on the other hand defines community mediation as a type

of mediation which is used to resolve conflicts between persons within the same community

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and it can also be used to resolve disputes which people have in their workplace or with local

organizations, such as health practices, and local council authorities.13

5) Community Mediation in Malaysia

As part of promoting integration and harmony residential area, the DNUI has a pilot

project called “Community Mediation” in the Rukun Tetangga programme. The main purpose

of the project is to train the Rukun Tetangga Area Committee to be Community Mediators in

their residential area, which they can play the role as third party in helping the

disputants/residents to resolve their dispute. The idea of having this pilot project emerged

from the DNUI‟s finding that the social tensions at the community level arises from the inter-

ethnic and intra-ethnic fight. The project was developed in 2007 and implemented in 2008.14

Presently, Community Mediator is placed under the auspices of the Unity Management Unit,

under the DNUI. In 2012, Rukun Tetangga Act (Peaceful Neighbourhood Act) was tabled in

the Malaysian Parliament and was gazetted on 22nd

June, 2012. Section 8 of Rukun Tetangga

Act 2012 provides function and duties of Rukun Tetangga Area Committee inter alia, to

provide community mediation for the purpose of conciliation or otherwise settle any dispute

or difference amongst the members of community (Section 8(d)). Thus, the Rukun Tetangga

Committee Area will be a statutory community mediator upon completion the training

provided by the DNUI.

The community mediators are being trained by Dato Dr Wan Halim Othman; a

professional trainer appointed by the DNUI, and has trained roughly 500 mediators since the

programme was started until today. The training began with the introduction of community

mediation in general as basis to provide information on ADR, mediation or community

mediation. Thus, the leaders of Rukun Tetangga or the participants need to understand the

general idea of community mediation. The second part of the training focuses on the role of

the participants as community mediators. There are 20 steps that need to be understood by

the participants. Thus, the programme is well-known or frequently referred to as “Kursus

Kemahiran Proses Mediasi Komuniti 20 Langkah” or “Skill Course of Community Mediation

Process in 20 Steps” in Malaysia. Basically, the Rukun Tetangga Area Committees must

mingle with the community members in their area to build rapport with the residents. These

committees, must upon hearing any matters that they think may turn to be an issue and

subsequently a conflict, offer their service as mediator to assist the parties to come into a

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settlement. They will also offer their service upon receiving complaints from a third party or

the parties.

The mediation process begins with the mediator to meet each party separately, in

order to get further information of their dispute problem. Then the parties will be gathered in

a neutral place. Each party will be given chances to tell their stories. The mediator will try at

his/her best level to assist them to come into a settlement as a third neutral (without bias)

party. The session will ends after both parties have been given chance to come out with their

solution to the problem. The ultimate purpose is not the settlement, but to gather the parties

and giving them a chance to speak out. Thus, the mediation is not deemed necessary as the

success to the dispute problem tackle. However, in many cases, a settlement is reached by the

parties.15

The method adopted worked well and over 200 cases resolved in 2010.16

In March

2012, a number of 519 individuals were trained as community mediators and the cases

involving racial issues have decreased from 1315 cases in 2007 to 912 in 2011. The DNUI

has planned to train more mediators in the future to ensure that each area of Rukun Tetangga

will has at least one mediator.17

The community mediators are governed by the code of

conduct provided by Community Mediator Association, and a comprehensive training

manual given by the trainer to conduct a mediation session and to govern their rules of

conduct. The mediation session handled by the mediator is free of charge. There are no

charges imposed on each mediation session and the mediators are not paid. They work on

voluntary basis.18

6) Sulh and Malay Community: the Relation

Sulh literally means 'to cut off a dispute' or 'to finish a dispute' either directly or with

the help of a neutral third party.19

It may be translated as conciliation and mediation since

there in no semantic different between them in Arabic language.20

Sulh is provided as a method of resolving dispute by a third party in the Quran in few

verses. 21

This method should be adopted when there is any dispute arises between husband

and wife or between the believers or Muslims. This method is derived from the episodes from

the life of the Prophet himself (peace be upon him).22

. In one Ahadith23

narrated by Anas

(may Allah be pleased with him),

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“it was said to the Prophet (peace be upon him) "Would that you see

`Abdullah bin Ubai." So, the Prophet (peace be upon him) went to him, riding

a donkey, and the Muslims accompanied him, walking on salty barren land.

When the Prophet (peace be upon him) reached `Abdullah bin Ubai, the latter

said, "Keep away from me! By Allah, the bad smell of your donkey has

harmed me." On that an Ansari man said (to `Abdullah), "By Allah! The smell

of the donkey of Allah's Apostle is better than your smell." On that a man

from `Abdullah's tribe got angry for `Abdullah's sake, and the two men

abused each other which caused the friends of the two men to get angry, and

the two groups started fighting with sticks, shoes and hands. We were

informed that the following Divine Verse was revealed (in this concern):--

"And if two groups of Believers fall to fighting then, make peace between

them." (49.9)”24

In one hadith narrated by Abu Hurayrah (may Allah be pleased with him), the Prophet

(peace be upon him) said conciliation between Muslims is permissible. The narrator Ahmad

added in his version: "except the conciliation which makes lawful unlawful and unlawful

lawful”. Sulayman ibn Dawud added, the Apostle of Allah (peace be upon him) said:

Muslims are on (i.e. stick to) their conditions.25

Um Kulthum bint „Uqba (may Allah be

pleased with her) has narrated one hadith that she heard Allah‟s Apostle (peace be upon him)

saying, he who makes peace between the people by inventing good information or saying

good things, is not a liar.26

In another Ahadith, narrated by Sahl bin Sa‟d (may Allah be

pleased with him) that once the people of Quba fought with each other till they threw stones

on each other. When Allah‟s Apostle (peace be upon him) was informed about it, he said “Let

us go to bring about a reconciliation between them”.27

This method was also practice in the time of the Caliphates of Islam. Umar ibn al-

Khattab (may Allah be pleased with him), the second caliph of Islam, instructed Abu Musa

al-Ash‟ari (may Allah be pleased with him) as follows:

“And an amicable settlement (al-sulh) is permitted or lawful between

Muslims (in dispute), except in the case of an amicable settlement which

forbids a permissible one (halal) and permits a prohibited one (haram)”.28

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The practice of Sulh is closely connected with the structure of the Arab‟s society and

tribal system or family traditions, which has been practiced since the era of pre-Islamic29

where the chief or the leader or spiritual chief (kahin) used to settle all kinds of dispute of

both criminal and private nature such as between spouses, a debtor and a creditor etc.30

However, the appointment of soothsayer as the third party is rejected by Prophet Muhammad

(peace be upon him) with the advent of Islam31

since soothsaying or fortune-telling is

prohibited.32

This method is still exists and practices until today, where in many urban society

in the Middle East, the problems were often resolve by the elders in a community meeting.33

Sulh is not a foreign concept to the Malay society. It was practiced since the time of

Malacca until the British came and introduce the Charter of Justice to the Strait Settlements,

and later expanded the influences of their laws to Federated Malay States and Unfederated

Malay States. Sulh (amicable settlement) is one of the examples of implementation of Islamic

Law by the Malay Sultans.

The history has tracked implementation of Islamic Law since the reign of Malacca

Sultanate. Islam had been brought to Malacca in 14th

Century. Prior to the arrival of Islam,

Malacca and the Peninsular Malaya were under the influence of Hinduism and Buddhism

from India and China. The arrival of Islam in Malaya began when Malacca became a Muslim

Kingdom under the reign of Sultan Iskandar Shah.34

It is believed that Islam was brought to

Malacca by the Indian traders. Malacca was internationally known as an entrepôt and a great

Malay-Muslim empire, which became the centre for spread of Malay culture (especially

Malay language) and of Islam to the region.35

In the Malacca Sultanate period, there are two digest i.e., Undang-undang Melaka (The

Malacca Laws/Malacca Digest) and Undang-undang Laut Melaka (Maritime Laws of

Malacca). This ancient legal code is believed to have been compiled between 1424 and 1444

during the reign of Sultan Muzaffar Shah (1445-1458).36

The Laws of Melaka provides that Sulh (amicable settlement) is lawful if the

defendant acknowledge the claim, and unlawful if he/she denies the claim. The Laws

provides that there are six cases where amicable settlement may be applicable. The amicable

is only possible if both parties agree on the term of settlement. Chapter 32.2 of the Digest

states:

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Sah sulh kemudian daripada ikrar di dalam segala harta, tiada sah sulh di dalam

munkir dan pada orang yang tiada bertentu.

In a property (claim), an amicable settlement is lawful after (the claim) has been

acknowledge (by the defendant); amicable settlement is not lawful, when one party

denies the claim and in case of a person who is not certain (of his action).37

According to Winsteadt (1945), among all digest, Undang-undang Melaka is the most

important. It was compiled originally in Malacca and later was adapted and adopted in

Kedah, Pahang, Riau, Pontianak, and was quoted in recent times as authoritative (in civil

suits) at Brunei.38

This is the reason why other legal digest such as Undang-undang Melayu (Malay

Digest), Undang-undang Negeri (States Digest), Undang-undang Johor (Johor Digest),

Undang-undang Pahang (Pahang Digest), Undang-undang Kedah (Kedah Digest) show

striking resemblances to Undang-undang Melaka. In fact, in two cases, the resemblance goes

deeper. The Undang-undang Johor is no other than the Undang-undang Melaka and the

Undang-undang Kedah is another version of the Undang-undang Melaka.39

The others digest

or laws of a similar nature were produced between 17th

and 18th

century.40

The laws showed that the application of amicable settlement or alternative dispute

resolution is used since the day of Malacca as provided by the Quran as discussed above. The

position of Islamic law as the law of the land before the coming of British in affirmed in the

case of Shaik Abdul Latif and other v Shaik Elias Bux (1915)41

where Edmonds J.C in his

judgment said:

Before the first treaties the population of these states consisted almost solely of

Mohammedan.

Thus, Sulh or mediation or arbitration has been in practiced by the Malays prior to the

colonial period i.e., the time of Portuguese, the Dutch and the British. The session will be

conducted by a third party who normally a respected and elder person in the society, who also

held the position as the headman (Penghulu or Ketua Kampung) or Imam (a religious leader).

The headman is expected to look after the welfare of the villagers. The headman might be

appointed based on his religious background, show of pious observance of religious

duty.42

Although the Imam is a symbolic of the Islamic status of a village, he is also regarded

as a village elder.43

The headman was appointed by the local people and endorsed by the

10

Sultan (the titular head of Malay state), and these chiefs played a central role in educating the

community in both religious precepts and law, mediating at disputes and enforcing sanctions

against offender, including flogging adulterers, fining thieves and killing murderers.44

This practice is available in present day in the rural area in Malaysia as noted by Cecil

Abraham (2006);

Mediation is also evidenced in the rural areas of Malaysia by the

determination of dispute by the „penghulu‟. The Penghulu, is the chief or

head of the village who is asked to preside over a dispute, in the capacity of

a middleman.45

In the 19th

century, the Sultan will grant the Penghulu letters of appointments to provide

the legitimacy to rule a district, a river system or a village. Simultaneously, the letter also

grants him the power to decide. However, the Penghulu will not decide alone since he was

often assisted by his Ketua Adat, Tok Siding or Tok Empat in administering his village.

Nowadays, the Penghulu (or Penggawa in Kelantan) in many Malay states are government

servants, looking after a mukim or sub-district, and are responsible to District Officer.46

In Malacca time, since there were no courts and the law was administered according to

the adat (custom) and the Syariah as understood and interpreted by the chiefs and Penghulus

(local chiefs) under the traditional Malay system, the British has interfered by installing a

legal system based on their legal concepts and integrated the religious courts into the general

framework of court administration. It is very unfortunate for Malaysia because its Islamic law

were altered by the British with the introduction of English Law and subsequently spread its

influences. Afterwards, this phenomenon has changed the way of solving problems within the

community. The litigation became a preference to resolve dispute.

Even though, in various treaties entered between the Malay rulers of the various States,

the British agreed to non-interference of matters relating to Malay religion i.e., Islam and

custom, the British were directly or indirectly interfered with the Muslim law and its

administration.47

For example, Muslim matrimonial law was recognised in the Ordinance

No. V of 1880 that provided for e of Muslim marriage and divorce, and rules made

concerning married women property. In 1923, the ordinance was amended to include law in

matters of intestate succession and its amendment is known as No. 26 of 1923.48

Despite the

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interference of British, Sulh in this present day is still applicable and has been improved in

Syariah Courts system in Malaysia.49

7) Rukun Tetangga- Community Mediation, Sulh and Malaysian Society

From the above discussion, there are two units under DNUI involved in Rukun

Tetangga community mediation programme, namely the Unity Management Unit that deals

with community mediator and the Community Development Unit that deals with the Rukun

Tetangga Area Committee. Both are dealing with the same persons who involved in the

project, since the Rukun Tetangga Area Committees and the mediators are of the same

person. It is suggested that to avoid any conflict between the two positions (if any), the

community leader should be given choice either to be a community mediator or Rukun

Tetangga Area Committee. The community mediators then may concentrate on mediation

and Rukun Tetangga Area Committee may concentrate on their duties. This is different from

the practise of Sulh by the Malays earlier, where the mediator is the Penghulu or Ketua

Kampung who is appointed by the Sultan. He is answerable to the Sultan alone. Thus, it is

recommended the concept of Sulh is adopted in this sense, and there will be only one unit to

handle the mediator.

–fasiliti-training- govt- training – funding- mintroduce law- specific law cater/govern

practice community mediation. Example in others country- publicity on community

mediation.- awareness of cm.

Previously, Sulh practice by the Malays is part of Penghulu institution. The power and

jurisdiction of Penghulu was later limited by the establishment of Penghulu‟s Court, that is

governs by Subordinate Courts Act 1948. It is suggested that the community mediation to be

institutionalised under the DNUI. A centre for community mediation is needed to provide a

proper place for mediation session. It can be a small cabin rather than a huge building for the

beginning. This would be easier for the mediator to conduct mediation and for DNUI to

control the activity of the mediator.50

Apparently, the community mediation that is currently promoted and practices by

Rukun Tetangga has similarities with the concept of Sulh as provided by Islamic Law which

has been adopted by the Malacca Sultanate. The practice is also a part of Asian culture, which

was practised by the Chinese and the Indians. Even though the name adopted; “Community

12

Mediation” is sounded so much Western, but the concept applied in Malaysia is not adopted

completely from the Western practice. The name of the programme is not important as

compared to the results. It is sufficient for the Malaysian to know that Sulh was in practice

and well established since few hundred years back in Malacca.

Conclusion

Community mediation in Malaysia is not a new method of resolving disputes among

the citizens. It was well established in Malay society known as Sulh prior to the colonial era.

Although the community mediation is adopted from the Western name, instead of Sulh or

Panchayat51

, the current practice of community mediation is built with Islamic elements and

Asian cultures. Malaysia as a multi-races and multi-cultural country may maintain the present

practise of community mediation. It is hope that this programme will maintain the harmony

in Malaysia and act as a means to educate the people to resolve their dispute amicably.

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and Challenges” Malayan Law Journal Article [Online], Available : LexisNexis via :

http://www.lexis-nexis.com/terms/general/

Rashid, Syed Khalid. (2000) “The Importance of Teaching and Implementing ADR in

Malaysia”, 1 Industrial Law Report, xviii

Winstead, R.O. (1945) Old Malay Legal Digests and Malay Customary Law, Part 1 & 2

(pp.17-29)Journal of the Royal and Asiatic Society of Great Britain and Ireland, p. 20

Unreported Speech and Notes

“1Malaysia: Aspirasi Perpaduan Pencapaian JPNIN 2009-2011” Jabatan Perpaduan Negara

dan Integrasi Nasional

Koon, Koh Tsu (2012).“Dialog Y.B Tan Sri Dr Koh Tsu Koon, Menteri di Jabatan Perdana

Menteri Bersama Mediator Komuniti” unreported in Case Conferencing of Community

Mediator. Seri Cempaka Service Suites, Menara PGRM, (24 March 2012)

Koon, Koh Tsu (2012).”Speech of Y.B Tan Sri Dr Koh Tsu Koon, Menteri di Jabatan

16

Perdana Menteri” unreported Presentation of Community Mediator’s Letter of

Appointment. Seri Cempaka Service Suites, Menara PGRM, (25 March 2012)

Newspapers

“Jumlah Mediator Komuniti di Seluruh Negara Ditambah” , Utusan Online Archives (8

October, 2011) [Online] Available :

http://www.utusan.com.my/utusan/info.asp?y=2011&dt=1008&pub=utusan_malaysia&se

c=Terkini&pg=bt_23.htm&arc=hive (7 June, 2012)

Website

Delhi Mediation Centre, History, [Online], Available :

http://delhimediationcentre.gov.in/introduction.htm [7 June 2012]

SearchTruth.com, [Online] Available at

http://www.searchtruth.com/book_display.php?book=24&translator=3&start=10&number

=3579 (7 July 2012)

Sunni Path The Online Islamic Academy [Online] Available at.

http://www.sunnipath.com/library/Hadith/H0004P0303.aspx (10 February, 2012)

TheOnlyQuran.com, [Online] Available at:

http://theonlyquran.com/hadith/Sahih-Bukhari/?chapter=49 (7 July 2012)

Quran [Online] Available at http://quran.com/49 (7 July 2012)

Case Laws

Shaik Abdul Latif and other v Elias Bux (1915) 1 Federated Malay States Law Report

204

Act

Peaceful Neighbour Regulation 1975

Rukun Tetangga Act

Footnotes

1 G. Raman (2005) Probate and Administration in Singapore and Malaysia : Law and

Practice, Singapore: LexisNexis, pp. 4

2 Syed Khalid Rashid. (2000) “The Importance of Teaching and Implementing ADR in

17

Malaysia”, Industrial Law Report, 1 [2000] xviii, pp.1.

3 Peter Church (ed.) (2012) A Short History of South-East Asia , 5

th Edition, John Wiley &

Sons, p.82

4 See Wu Min Aun (1999) The Malaysian Legal System, 2

nd edition, Longman, pp1-2; See

also Abdul Monir B. Yaacob (1989) An Introduction to Malaysian Law, Penerbitan

Universiti Kebangsaan Malaysia Bangi, pp. 2

5 Asma Abdullah and Paul B. Pedersen (2003) Understanding Multicultural Malaysia

Delights, Puzzle & Irritations, Pearson/Prentice Hall, pp. 16-18

6 Sharifah Suhana Ahmad (1999). Malaysian Legal System, Malayan Law Journal Sdn Bhd,

pp. 6-7

7 Mohamad Abu Bakar (2001) “Islam, Civil Society, and Ethnic Relation in Malaysia” in

Nakamura Mitsuo, Sharon Siddique & Omar Farouk Bajunid (eds) Islam & Civil Society in

Southeast Asia Volume 23 of Social Issues in Southeast Asia Series, (pp. 57 -75) Institute of

Southeast Asian Studies, pp. 59

8 Timothy P.Daniels (2004) Building Cultural Nationalism in Malaysia : Identity,

Representation and Citizenship, Routledge, p. xvii

9 See Aida Othman (2002) “Introducing Alternative Dispute Resolution In Malaysia :

Prospects and Challenges” Malayan Law Journal Article [Online], Available : LexisNexis via

: http://www.lexis-nexis.com/terms/general/

10

“1Malaysia: Aspirasi Perpaduan Pencapaian JPNIN 2009-2011” Jabatan Perpaduan Negara

dan Integrasi Nasional pp.10

11

Farheen Baig Sardar Baig. (2010) “Community Mediation” in Mohammad Naqib Ishan Jan

& Ashgar Ali Ali Mohamed (eds). Mediation in Malaysia : The Law and Practice (pp. 155-

170), LexisNexis, pp. 157

12 Marian Liebmann (1998) „Introduction” in Marian Liebmann Community and Neighbour

Mediation, (ed), Great Britain : Cavendish Publishing Limited,p.2

13

See Loukas A. Mistelis. “ADR in England and Wales”, The American Review of

International Arbitration, 12 (2001), 67 LexisNexis via http://www.lexis-

nexis.com/terms/general/.

14

Ho Khek Hua. (2009). “Talk On : Community Mediation” Workshop on Empowering

Communities Through Mediation in Malaysia. Vistana Hotel, Kuala Lumpur pp. 2-3

15

The author has attended 3 training sessions for community mediation i.e, Phase 1, Phase 2

and Phase 3 under the Department of National Unity and Integration. The first training was

18

conducted at Regency International Hotel, Kuala Lumpur on 30th

March, 2012 – 2nd

April,

2012, the second training session was conducted at Country Heights Resorts & Leisure Sports

Living Club, Kajang on 11th

May 2012 – 14th

May, 2012 and the third training session was

conducted at Hotel Excelsior, Ipoh Perak on 29th

June, 2012 – 2nd

July, 2012.

16

“Jumlah Mediator Komuniti di Seluruh Negara Ditambah” , Utusan Online Archives (8

October, 2011) [Online] Available :

http://www.utusan.com.my/utusan/info.asp?y=2011&dt=1008&pub=utusan_malaysia&sec=

Terkini&pg=bt_23.htm&arc=hive (7 June, 2012)

17

Koh Tsu Koon (2012).“Dialog Y.B Tan Sri Dr Koh Tsu Koon, Menteri di Jabatan Perdana

Menteri Bersama Mediator Komuniti” unreported in Case Conferencing of Community

Mediator. Seri Cempaka Service Suites, Menara PGRM, (24 March 2012)

18

Koh Tsu Koon (2012).”Speech of Y.B Tan Sri Dr Koh Tsu Koon, Menteri di Jabatan

Perdana Menteri” unreported Presentation of Community Mediator’s Letter of Appointment.

Seri Cempaka Service Suites, Menara PGRM, (25 March 2012)

19

Aishath Muneeza. (2010) “ Is Conventional Alternative Dispute Resolution to Islamic

Law”, Malayan Law Journal Articles, 4 [2010] xcvii, p 2.

20

Abdul Rahman Yahya Baamir (2010). Shari’a Law in Commercial and Banking

Arbitration : Law and Practice in Saudi Arabia, Ashgate Publishing Ltd, p.154

21

“And if two factions among the believers should fight, then make settlement between the

two” (49:9) ; “And if you fear dissension between the two, send an arbitrator from his

people and an arbitrator from her people. If they both desire reconciliation, Allah will cause

it between them. Indeed, Allah is ever Knowing and Acquainted [with all things]” (4:35) ;

and “And if a woman fears from her husband contempt or evasion, there is no sin upon them

if they make terms of settlement between them - and settlement is best” (4:128).

Quran [Online] Available at http://quran.com/49 (7 July 2012)

22

Mohammed Abu-Nimer (2010). “An Islamic Model of Conflict Resolution : Principle and

Challenges” in Qamar -Ul- Huda (ed). Crescent and Dove : Peace and Conflict Resolution in

Islam (pp.73-88), US Institute of Peace Press. pp. 74

23

Ahadith, the Hadith or Al-hadith refers the collected hadiths of the Prophet Muhammad

(peace be upon him) and his sunnah. Whilst hadith refers to a report of what Prophet

Muhammad (peace be upon him) said, that is, an actual verbal expression or opinion on a

subject and Sunnah implies the mode of he lived, the example he set through his actions,

sayings, judgments and attitude or his practise or tradition. See Irshad Abdal-Haqq.(2006).

“Islamic Law : An Overview of Its Origin and Elements” in Hisham M. Ramadan (ed).

Understanding Islamic Law: From Classical to Contemporary Issues in Islam (pp. 1-42)

Rowman Altamira. p.12

24

Hadith No. 856, Chapter Peacemaking, Sahih Bukhari by Imam Bukhari, translation by

M.Muhsin Khan, TheOnlyQuran.com, [Online] Available at:

http://theonlyquran.com/hadith/Sahih-Bukhari/?chapter=49 (7 July 2012)

19

25

Hadith No. 3587, The Office of the Judge (Kitab al-Aqdiyah), Sunan Abu Dawud

SearchTruth.com, [Online] Available at

http://www.searchtruth.com/book_display.php?book=24&translator=3&start=10&number=3

579 (7 July 2012)

26

Hadith No. 857, Chapter Peacemaking, Sahih Bukhari by Imam Bukhari, translation by

M.Muhsin Khan, TheOnlyQuran.com, [Online] Available at:

http://theonlyquran.com/hadith/Sahih-Bukhari/?chapter=49 (7 July 2012)

27 Hadith No. 858, Chapter Peacemaking, Sahih Bukhari by Imam Bukhari, translation by

M.Muhsin Khan, TheOnlyQuran.com, [Online] Available at:

http://theonlyquran.com/hadith/Sahih-Bukhari/?chapter=49 (7 July 2012)

28 Mahiudin Abu Zakaria Yahya Ibn Sharif En Nawawi (1914). Minhaj et Talibin A Manual

of Muhammadan Law According to the School of Shafii, Eng. Translation by E.C.Howard,

London p. 318

29 See Abdulrahman Yahya Baamir (2010). Shari’a Law in Commercial and Banking

Arbitration : Law and Practice in Saudi Arabia, Ashgate Publishing Ltd, pp. 45

30

See Jean Claude Goldsmith, Arnold Ingen-Housz, Gerald H. Pointon (2011), ADR in

Business. Practice and Issues Across Countries and Cultures, Volume 2, 2nd

Edition, Kluwer

Law International, pp. 569

31

Joseph Schacht (1982). An Introduction to Islamic Law, Clarendon Press, pp. 10

32

Chapter 5 Verse 90 Al-Quran : O ye who believe! Intoxicant and gambling (Dedication of)

Stones, and (divination by) arrows, are an abomination of Satan‟s handiwork; eschew such

(abomination) that you may prosper. Further information on the prohibition of soothsaying or

fortune-telling see Chapter 303 : The prohibition against going to soothsayers, astrologers,

diviners and looking for omens, Riyadh as-Salihin (The Meadow of the Righteous) by Imam

Nawawi, Sunni Path The Online Islamic Academy [Online] Available at.

http://www.sunnipath.com/library/Hadith/H0004P0303.aspx (10 February, 2012)

33

See Cheri M Ganeles, “Cybermediation : A New Twist on and Old Concept”, Albany Law

Journal of Science & Technology, 12 (2002) 715

34

Ahmad Ibrahim and Ahilemah Joned (1987) The Malayan Legal System, Dewan Bahasa

dan Pustaka, pp. 7-8.

35 Wan Afrah Hamzah and Ramy Bulan (2003). An Introduction to the Malaysian Legal

System, Penerbit Fajar Bakti Sdn Bhd, pp. 11-12

36 Mehrun Siraj (1993), Women under Syariah Law in Malaysia. Monograph No. 1, Women

and Human Resource Studies Unit, School of Social Sciences, Universiti Sains Malaysia.

Penang : Sinaran Press, pp.6

37 Liaw Yock Fang (1976), The Laws of Melaka, The Hague – Martinus Nijhoff, pp. 142-143

20

38

R.O. Winstead (1945) Old Malay Legal Digests and Malay Customary Law, Part 1 & 2

(pp.17-29)Journal of the Royal and Asiatic Society of Great Britain and Ireland, p. 20

39

Liaw Yock Fang (1976), The Laws of Melaka, The Hague – Martinus Nijhoff, p. 1

40

Sharifah Zaleha Syed Hassan and Sven Cederroth (1997). Marital Disputes in Malaysia :

Islamic Mediators and Conflict Resolution in the Syariah Courts, RoutledgeCurzon, pp.30

41

1 F.M.S.L.R (Federated Malay States Law Report) 204, pp. 214

42 Mohd Taib Osman (1985) “The Traditional Malay Socio-Political World-View” in Mohd

Taib Osman (ed). Malaysian World View Institute of South East Asia (pp. 46 – 75), Institute

of Southeast Asian Studies, pp. 52

43 Ibid. pp. 59

44 Sharifah Zaleha Syed Hassan and Sven Cederroth (1997). Marital Disputes in Malaysia :

Islamic Mediators and Conflict Resolution in the Syariah Courts, RoutledgeCurzon, pp.30

45

Cecil Abraham (2006) “Alternative Dispute Resolution in Malaysia”, Workshop 5

:Alternative Dispute Resolution in ASEAN, 9th

ALA General Assembly – ASEAN Law

Association, Bangkok pp.2

46 Mohd Taib Osman (1985) “The Traditional Malay Socio-Political World-View” in Mohd

Taib Osman (ed). Malaysian World View Institute of South East Asia (pp. 46 – 75), Institute

of Southeast Asian Studies, pp. 59 -60

47 Ahmad Ibrahim and Ahilemah Joned, (1987) The Malayan Legal System, Dewan Bahasa

dan Pustaka, pp. 27

48

Ibid. p. 24

49

See Mohd Naim Mokhtar (2011) “Mediation (Sulh) in the Federal Territory Syariah Court

of Malaysia.” Paper presented in 2nd

AMA Conference Rediscovering Mediation in the 21st

century. Sheraton Imperial Hotel, Kuala Lumpur where in this paper presentation, the

presenter has explained that Sulh is amicable settlement that is practises in the form of

mediation. The paper concentrates on the Sulh procedure in Syariah Court in Federal

Territory; See also Zainul Rijal Abu Bakar, (2011) “Sulh in the Malaysian Syariah Court.”

Paper presented in 2nd

AMA Conference Rediscovering Mediation in the 21st century.

Sheraton Imperial Hotel, Kuala Lumpur. The paper focuses on type of Sulh and its

implementation in Syariah Courts in Malaysia. See Saodah Ahmad & Nora Abdul Hak.

(2010) “Provisions on Sulh and Its Application in the State of Selangor” in Mohammad

Naqib Ishan Jan & Ashgar Ali Ali Mohamed (eds). Mediation in Malaysia : The Law and

Practice (pp. 397 – 414) LexisNexis. The chapter discusses on the authority and the

21

implementation of Sulh in the State of Selangor. There are many literature discussing Sulh, its

application and improvement in Syariah Courts in Malaysia.

50

Officer. Interview by Author, the Department of National Unity and Integration National,

Sabah, 12 June, 2012 51

Delhi Mediation Centre, History, [Online], Available :

http://delhimediationcentre.gov.in/introduction.htm [7 June 2012]

Panchayat means a village council, a former group of five influential older men

acknowledged by the community as its governing body and an elective council of about five

members organized in the republic of India as an organ of village self-government. The

member of panchayat will be elected by the people yearly. The panchayat will make decision

with regard to the social issue of the villagers. The council leader is called as sarpanch and

the council member is the panch.