The Legal Maxim of Res Judicata in Syariah Court : An Appraisal

Abstract

This writing examines the Syariah court’s approach in applying the principle of res judicata in mal cases. With the existence of the legal provisions; particularly in procedural law; in all States, there are still unclear application of the res judicata legal maxim being submitted especially regarding mutual agreement recorded by litigating parties. Although this principle has been understood by the legal practitioner, the synchronization between principle of res judicata and court procedure yet to be scrutinized by the Courts. Thus, an empirical research was carried out along with library research including decided cases in this qualitative writing. Data is analyzed utilizing content analysis method. This study indicated that Syariah Court procedures in arriving at a decision and applying this maxim are sufficient. However, the implementation of certain procedures such as to the effect of consent order and appeal cases should be clearly comprehended by litigating parties as to validate the principle of justice in Syariah Courts.