Rights To Access Justice for Persons with Disabilities in Malaysian Shariah Courts: A Case Study in The Shariah Courts of Malacca

Abstract

People with disabilities (PWD) are entitled to the same rights as others as they have equal potential to live a fulfilling life. The Malaysian government has taken extra measures through its laws and policies to protect the rights of PWD. However, challenges persist in implementing legal protection where cases involving PWD are often underserved. This study explores the current practices and challenges faced by the Malaysian Shariah Courts in Malacca in addressing legal proceedings involving PWD litigants. This research adopts a qualitative study through semi-structured interviews with five (5) Shariah Court Officers from three (3) districts in Malacca and examines the court files. The data gathered were analyzed using thematic analysis to identify practices and challenges of the Shariah Courts of Malacca in dealings with legal proceedings involving PWD as litigants. The study reveals the flexibility of the Shariah Courts within the court procedure, providing a support system and prioritising the welfare of the PWD. It also found significant challenges including communication barriers, expensive interpreter fees, uninformed of PWD’s disabilities, inadequate facilities and the absence of guidelines. This study highlights the need for improvements including the establishment of proper guidelines to assist Syariah Courts in assessing the applications and equipping the Shariah Officers with adequate training to ensure the effective realization of PWD’s rights to access justice in Malaysia.