Jurisdiction Of Syariah Court In Malaysia Slideshare

The syariah courts cannot exceed the power vested. I feel the syariah judges have some sort of inferiority complex they feel civil law is of western and christian origin when muslim legal minds like malik yourself zaid ibrahim and prof shad saleem faruqi could understand the jurisdiction of islamic law in malaysia so well how could it be the syariah judges and some of the civil court judges seem to be perpetually perplexed. Article 121 1a of federal constitution8 in view of the above the most significant change to the jurisdiction of the shariah courts was effected by the amendment of article 121 of the federal constitution in 1988 that among others added a new clause 1a which stipulates that the high court in malaya and the high court in borneo shall have no jurisdiction in respect to any matter within the.

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Syariah Court

The syariah courts have jurisdiction only over matters involving muslims and can generally only pass sentences of not more than three years imprisonment a fine of up to rm5 000 and or up to six strokes of the cane.

Jurisdiction of syariah court in malaysia slideshare. Now that we understand how the civil court system is like in malaysia let s move on to how the syariah courts were established and what areas of law they can preside over. There is a parallel system of state syariah courts which has limited jurisdiction over matters of state islamic law. 1 be a citizen 2 have been for a period of not less than ten years preceding his appointment a judge of a syariah subordinate court or a kadi or a registrar or a syariah. The syariah high court constitution the yang di pertuan agong may on the advice of the minister and after consultation with the majlis agama appoint judges of the syariah high court a person qualified for appointment must.

This is why the sessions court and magistrates court which were established by the subordinate courts act 1948 are known as inferior courts and the high court has the power to supervise these courts. However vide the syariah courts criminal jurisdiction amendment and extension act 1989 act 355 was extended to all the states of malaysia.