Analisis Pelaksanaan Prosiding Saman Penghutang Penghakiman dalam Penguatkuasaan Perintah Pembayaran Nafkah: Kajian Kes Mahkamah

Zaini Nasohah, Suwaid Tapah


Shariah Court Civil Procedure Enactment has several procedures of enforcement and execution of payment order including maintenance. Among the procedures is Judgement Debtor Summon. Basically, Judgment Debtor Summon aims to insist the presence of judgment debtor in court for examination. Judgment debtor will undergo oral examination to determine his capacity to adhere his judgment debtor.This examination also aims to discover the existence of any assets that could be used to settle the debt. Briefly, the main objective of the examination is to identify the appropriate solution in implementing the judgement debtor. This article will analyse this matter based on theory and practice. It also aims to examine the advantages and disadvantages of the implementation of the procedure. The outcome of the analysis shows that the effectiveness of implementation of the proceeding is based on the judges’ discretionary powers, Therefore, disputed parties should be transparent in giving any evidence to ensure the judges discretionary powers could be practiced justly.


Shariah Court Civil Procedure, enforcement and execution, maintenance payment order, Judgment Debtor

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Mohd Radzali Masrum 2001. Maksim dan Ungkapan

Undang-undang. Kuala Lumpur: Dewan Bahasa &


Syahriman Baharom Shah & Rachel Jaques. 2001.

Istilah Undang-undang. Kuala Lumpur: Sweet

Maxwell Asia.

Zaini Nasohah. 2007. Penguatkuasaan dan Pelaksanaan

Perintah Nafkah: Kajian di Mahkamah Syariah

Selangor (1999 – 2004). Kuala Lumpur: Akademi

Pengajian Islam UM.


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