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7 Malaysian J. Syariah & L. 1 (2019)

handle is hein.journals/mlsnjl7 and id is 1 raw text is: Vol. 7, No.1 (JUNE) 2019 ISSN: 1985-7454 1 E-ISSN: 2590-4396 www.mjsl.usim.edu.my FAITH-BASED MEDIATION: A COMPARATIVE PERSPECTIVE ON THE APPLICATION OF SULH AND HO'OPONOPONO **Nor Razinah Binti Mohd. Zain, Faisal Ahmadi, `1Lia Sautunnida `Asst. Prof. Dr., UIIM Institute of Islamic Banking and Finance, International Islamic University Malaysia, Lecturer, Ma'arif Jambi Islamic College University Indragiri Hilir, Riau, Indonesia, and tLecturer, Law Faculty Universitas Syiah Kuala Acheh, Indonesia *(Corresponding author) Email: numta ra a1udu mv ABSTRACT The application of mediation can be traced in many culture and tradition across the world. Closely related to the faith of the people, mediation has essential roles in resolving disputes among the members of the society. While the faith-based mediation of Ho'oponopono is famous in Hawaii, the faith-based mediation of Sulh is famous among Muslims in South East Asia. The dispute resolution strategies which are used in Ho'oponopono and Sulh are comparatively analysed in this research. The practices of Sulh are evaluated based on empirical findings collected from Pasir Mas (Kelantan, Malaysia) and Indragiri Hilir (Riau, Indonesia). Meanwhile, the qualitative findings on practices of Ho'oponopono are collected from earlier researches that utilised empirical investigations. By employing a qualitative doctrinal analysis, this research identifies similarities and differences of faith- based mediations of Sulh and Ho'oponopono. At the same time, the said faith-based mediations' potentials and challenges are explored. Focusing on an expeditious resolution, it is found that faith- based mediations are still applied among the members of the society in Malaysia, Indonesia and Hawaii. Keywords: Dispute Resolution, Mediation, Sulh andHo'oponopono. Introduction Throughout the history of the world, traditional societies have their own unique nature of dispute resolution and dispute management. Such dispute resolution and dispute management in the traditional societies are influenced by their customs, cultures, morals, ethics and beliefs. Belief or faith plays an essential role in the process of dispute resolution and vital for its enforcement towards the individuals and society. One of the well-known processes of dispute resolutions is mediation. Riskin et. al. defined mediation as an informal process in which an impartial process in which an impartial third party helps others resolve a dispute or plan a transaction but does not impose a solution (Riskin and Westbrook, 1987). Based on their definition, significance characteristics of mediation can be traced. The process of mediation is basically voluntary in nature, where the disputing parties cannot be forced to mediate. It is an informal dispute resolution that can be conducted by a mediator or more than one mediator in helping the disputing parties to reach their resolution. Unlike the process of litigation or arbitration, the essential role of the mediator is to assist the disputing parties to arrive to the possible resolution. The mediator is not responsible to decide for them. The modern practice of mediation is depended heavily on the conclusion of agreement concluded between the parties after they reached a resolution through the mediation process. The entire decision making is left totally on the hands of the parties. By doing so, the disputing parties have a high degree of participation in reaching the resolution. This may influence the said parties to have more inclination to fulfil the resolution from the mediation process based on their personal urges and capacity (which subject to their moral values and ethics). The resolution from the mediation process is approved Malaysian Journal of Syariah and law I a usj A 4 I Vol 7, No.1, June 2019 1

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