Powers and jurisdiction of Syariah courts in Malaysia
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Powers and jurisdiction of Syariah courts in Malaysia

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Published by Malayan Law Journal Sdn. Bhd., LexisNexis in Petaling Jaya, Dayton, Ohio .
Written in English


  • Courts, Islamic -- Malaysia,
  • Jurisdiction -- Malaysia

Book details:

Edition Notes

StatementFarid Sufian Shuaib.
LC ClassificationsKPG3474 .S58 2008
The Physical Object
Paginationxli, 232 p. ;
Number of Pages232
ID Numbers
Open LibraryOL23074498M
ISBN 109789679629224
LC Control Number2008453078

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5. Constitution as state courts that can be estab - understanding of the Syariah courts as subor - dinate to the civil courts Author: Yvonne Tew. law has been applied by civil courts and Syariah courts in the past and at present. Judges of Syariah courts in particular have the opportunity to propound Islamic law as provided by the Federal Constitution and State law. Within the limited jurisdiction and powers, Syariah court judges have the opportunity to apply Islamic Size: 5MB. The jurisdictions of Shariah Court, except with regard to Shariah Court in the Federal Territories which only the Parliament has the power to pass law relating to it,are specifically provided in the respective States' Enactments of the Administration of lslamic power of the States to pass and make laws relating to Administration of lslamic Law,is originally conferred by Article 74(2. These are under the jurisdiction of the Syariah High Court. The Syariah High Court hears appeals from the Syariah Subordinate Court and it may revise decisions of the lower court. Besides that, any claim above Fifty Thousand Ringgit Malaysia (RM) is also heard in the Syariah High Court.

  It has been said that Islamic law and the civil law exist as parallel systems in Malaysia. The proposition, while attractive, is grossly inaccurate in law. As it stands today, the administration of Islamic law is confined to personal law for Muslims and the Syariah court is subordinate to the courts established by the Federal. Shuaib, Farid Sufian () Powers and jurisdiction of Syariah Courts in Malaysia, 2nd Edition. LexisNexis, Petaling Jaya. ISBN The power to impose criminal penalties appears to be confined to offences against the precepts of Islam. But under the “Hadi Bill” the criminal jurisdiction of the syariah courts is not limited to the violation of the teachings of Islam but can extend to “offences relating to any . The Syariah Courts (Criminal Jurisdiction) Act (Malay: Akta Mahkamah Syariah (Bidang Kuasa Jenayah) ), is a Malaysian laws which enacted to confer jurisdiction upon Courts constituted under any State law for the purpose of dealing with offences under Islamic Syariah Courts invested with jurisdiction over persons professing the religion of d by: Dewan Rakyat.

Powers and Jurisdiction of Syariah Courts in Malaysia, 2 nd Ed., By Farid Sufian Shuaib, Kuala Lumpur, LexisNexis Malaysia (). The Administration of Islamic Law, by Ahmad Ibrahim, Abdul Monir Yaacob – Kuala Lumpur: Institute of Islamic Understanding Malaysia (IKIM), “(1A) The courts referred to in Clause (1) (i.e. the High Courts – added) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.” Professor Ahmad Ibrahim explained the reason for the amendment in his article “The Amendment of .   Islamic laws have been administered, not only by the Syari-ah Courts, but also the Civil Courts. However, by Article (1A) of the Constitution of Malaysia, today, exclusive jurisdiction has been given to the Syariah Courts in the administration of Islamic laws. The Syariah laws in Malaysia do not apply to non-Muslims. CONSTITUTIONAL LAW: Courts - Civil and Syariah courts - Whether distinct in nature and status - Civil court - Whether established under the Federal Constitution and vested with inherent judicial powers - Syariah court - Whether creatures of state legislation - Whether akin to inferior tribunal - Interpretation of art(1A) of Federal.