“Mediation is the best option in custody disputes between Muslims and non-Muslims” | Daily express online

“Mediation is the best option in custody disputes between Muslims and non-Muslims”

Published on: Saturday 17 June 2023

By: FMT, Daniel Azhar

Text size:

Lawyers support the call for a mediation center but say it must be staffed with experts who are aware of family dynamics. (Photo: Freepik via FMT)

PETALING JAYA: Any proposed arbitration center to resolve custody disputes between Muslim and non-Muslim spouses must put the welfare and interests of their children first, the lawyers said. Denise Lim of the Association of Women Lawyers and Sharia lawyer Adie Ahmad said it is vital that such centers are staffed with child psychologists and trained mediators who have a clear understanding of the dynamics at work within families.

ADVERTISING

They commented on a proposal by Minister of Religious Affairs Na’im Mokhtar to set up a mediation center to resolve custody disputes between Muslims and non-Muslim spouses. On May 28, Na’im said the center can provide an informal platform for divorcing spouses to resolve their differences amicably. However, he warned that the matter needed further investigation. Naim said it is important that the mediators include Sharia and civil law experts, as well as child specialists. Lim, a qualified mediator who has dealt with family disputes, said appointing the right mediators is critical to the success of the process.

ADVERTISING

“It makes a huge difference whether the mediation is successful or not,” she told FMT, adding that mediators must be able to handle strong feelings of conflict and have a solid understanding of the dynamics and the law. Lim said child specialists or psychologists should also be assigned to communicate with the children, since children in different age groups are likely to perceive the procedure differently depending on their level of maturity.

ADVERTISING

“Child specialists can help parents better explain the situation to children,” she said. According to Lim, a dedicated arbitration center would likely expedite the resolution of custody disputes that can take years to resolve in court due to a backlog of cases. Longer court processes could have a negative impact on children, she warned. Ultimately, the mediation process must focus on and aim for the best interests of the child, she said. Adie, who handles marital disputes, divorce and custody cases, supports a move towards mediation. She said custody battles in court could be detrimental to the well-being of the children involved. “Taking children to court can be too traumatic and leave them scars for life,” she said. She also called on the government to focus its efforts on improving public perception of mediation as a means of resolving custody disputes.
* Follow us on Instagram and join our Telegram and/or WhatsApp channels to get the latest news you don’t want to miss. * Do you have access to the Daily Express e-paper and exclusive online news? Check out the available subscription plans.