The Sulh session: mediation before a hearing

What is a Sulh session?

Sulh is a mediation session guided by a Sulh Officer, meant to help both sides reach agreement before the case is heard. It is not a hearing; it is a space to talk openly with a neutral third party present.

Sulh itself is not set out in Act 303. It runs as a state-level process under each state’s own civil procedure rules for Syariah cases.^[1]

Who goes through a Sulh session?

Most Syariah civil cases are referred to Sulh once they are registered, including divorce applications, maintenance claims, and the division of jointly acquired property. This includes couples who already agree to divorce but still differ on details such as child maintenance or property.

If you are pursuing a maintenance or property claim, Sulh is often your first real chance to negotiate directly with your spouse.

How does a Sulh session actually run?

A session usually opens with the Sulh Officer explaining the process and each side’s role. Both parties then get a chance to explain their situation together, before the officer speaks with each side privately.

After the private conversations, the officer brings both sides back together to see whether an agreement can be reached.

What happens if both sides agree?

If agreement is reached, the judge can record it directly as a court order without a full hearing. This is usually quicker and less tense than going through a hearing.

The recorded order binds both parties just like any other court decision.

What happens if there is no agreement?

If the discussion does not resolve the case, it proceeds to a hearing in the usual way. You do not lose your right to present evidence or call witnesses just because Sulh was unsuccessful.

Some cases need more than one session before it becomes clear whether agreement is possible.

How can you prepare for a Sulh session?

List the claims you want to raise, such as child maintenance, maintenance during iddah, mut’ah, or jointly acquired property. Bring supporting documents such as bank statements, receipts, or an asset list so your proposal is clear.

Think through the limits you are willing to accept, so you are not caught off guard during the discussion.

Sulh compared with Hakam: what is the difference?

Both involve a third party, but their roles differ. This short table shows the difference.

Process	Third party’s role	When it is used
Sulh	Helps both sides negotiate towards agreement	Most civil cases before a hearing
Hakam	May pronounce talaq if given authority	Constant marital conflict (syiqaq)

When is another route better than Sulh?

Sulh works well when both sides can still talk, even if they do not fully agree at the start. If a husband refuses to attend at all, or the discussion is no longer safe, the court may move the case forward without relying fully on Sulh.

Tell a Peguam Syarie early if you are worried about safety during the session, so the right arrangement can be made.

Sulh’s legal basis differs by state

In Wilayah Persekutuan, Sulh runs under civil procedure rules specific to that jurisdiction, and it covers all three territories: Kuala Lumpur, Putrajaya and Labuan.^[2] Other states, such as Selangor, run Sulh under their own state civil procedure enactment.

Because of this, waiting time and session structure can differ slightly depending on the state where your case is registered.

Sulh in your state

Each state runs Sulh under its own court procedure rules, so waiting time and session structure are not identical everywhere. The pattern above reflects what most states generally follow.

Tell us the state where your case is registered, and we will help you prepare for the procedure that applies there.