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

Abstract

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.