3. Administration of
Islamic Law (Federal
Territories) Act 1993
S 46
Syariah High Court
-Criminal Jurisdiction
-Civil Jurisdiction
S 47
Syariah SubordinateCourt
-Criminal Jurisdiction
-Civil Jurisdiction
S 52
Syariah AppealCourt
5. any offence committed by a Muslim and
punishable under the Enactment or the
Islamic Family Law (FederalTerritories)Act
1984 [Act 303], or under any other written law
prescribing offences against precepts of the
religion of Islam for the time being in
force, and may impose any punishment
provided therefor.
6. all actions and proceedings in which all the parties are
Muslims and which relate to—
(i) betrothal, marriage, ruju’, divorce, nullity of
marriage
(fasakh), nusyuz, or judicial separation (faraq) or other
matters relating to the relationship between husband
and wife;
(ii) any disposition of, or claim to, property arising out
of any of the matters set out in subparagraph (i);
(iii) the maintenance of dependants, legitimacy, or
guardianship or custody (hadhanah) of infants;
(iv) the division of, or claims to, harta sepencarian;
7. (v) wills or death-bed gifts (marad-al-maut) of a
deceased Muslim;
(vi) gifts inter vivos, or settlements made without
adequate consideration in money or money’s
worth, by a Muslim;
(vii) wakaf or nazr;
(viii) division and inheritance of testate or intestate
property;
(ix) he determination of the persons entitled to share
in the estate of a deceased Muslim or of the shares to
which such persons are respectively entitled; or
(x) other matters in respect of which jurisdiction is
conferred by any written law.
8. any offence committed by a Muslim under
the Enactment or any other written law
prescribing offences against precepts of the
religion of Islam for which the maximum
punishment provided by the Enactment or
such written law does not exceed two
thousand ringgit or imprisonment for a
term of one year or to both, and may
impose any punishment provided therefor.
9. hear and determine all such actions and
proceedings as the Syariah High Court is
authorized to hear and determine in which
the amount or value of the subject-matter in
dispute does not exceed fifty thousand
ringgit...
10. The Syariah Appeal Court shall have
jurisdiction to hear and determine any appeal
against any decision made by the Syariah
High Court in the exercise of its original
jurisdiction.
11. The Syariah Courts duly constituted under any
law in a State and invested with jurisdiction over
persons professing the religion of Islam and in
respect of any of the matters enumerated in List
II of the State List of the Ninth Schedule to the
Federal Constitution are hereby conferred
jurisdiction in respect of offences against
precepts of the religion of Islam by persons
professing that religion which may be prescribed
under any written law:
12. Provided that such jurisdiction shall not be
exercised in respect of any offence
punishable with imprisonment for a term
exceeding three years or with any fine
exceeding five thousand ringgit or with
whipping exceeding six strokes or with any
combination thereof.
13. With reference to Syariah Criminal Offences (FederalTerritories) Act 1997
14. Consumption of intoxicants
Fine not exceeding RM 3000 or to
imprisonment for a term not exceeding two
years or both.
Islam:All schools of though hold that
punishment for consumption of intoxicants is
a hadd crime, punishable with 80 lashes
15. “sexual intercourse with a woman who is not
his lawful wife…”
Fine not exceeding RM 5000 or to
imprisonment for a term not exceeding three
years or to whipping not exceeding 6 strokes
or to any combination thereof.
Islam: punishment for fornication is 100
lashes, for adultery is stoning to death.
16. Accusation of zina
Fine not exceeding RM 5000 or imprisonment
for a term not exceeding three years or both.
Islam: flogging with 80 stripes, and reject
their evidence ever after.
17.
18. (1)There shall be two high Courts of co-ordinate jurisdiction and
status, namely—
(a) one in the States of Malaya, which shall be known as the high
Court in Malaya and shall have its principal registry at such place in
the States of Malaya as theYDPA may determine; and
(b) one in the States of Sabah and Sarawak, which shall be known as
the High Court in Sabah and Sarawak and shall have its principal
registry at such place in the States of Sabah and Sarawak as theYDPA
may determine;
(c) (Repealed),
and such inferior courts as may be provided by federal law; and the
high Courts and inferior courts shall have such jurisdiction and
powers as may be conferred by or under federal law.
(1A)The courts referred to in clause (1) shall have no jurisdiction in
respect of any matter within the jurisdiction of the Syariah courts.
19. Came into effect on 10 June 1988.
To prevent civil courts from overruling the
decisions of Syariah courts or giving decisions
that are contrary to Syariah courts’ decisions.
To raise the status and protect the integrity of
the Syariah courts that apply Islamic law.
20. Confers exclusive jurisdiction to the Syariah
courts to adjudicate on any matter that has
been lawfully vested by the law within the
jurisdiction of the Syariah courts.
It has taken away the jurisdiction of the civil
courts in respect of matters within the
jurisdiction of the Syariah courts.
21. If the legislature does not confer on the Syariah
court any jurisdiction to deal with any matter in
the State List, the Syariah Court is precluded
from dealing with the matter.
Determine jurisdiction by taking the “subject
matter” approach and not the “remedy prayed
for” approach.
MAJLIS UGAMA ISLAM PULAU PINANG DAN
SEBERANG PERAI v SHAIK ZOLKAFFILY BIN
SHAIK NATAR [2003] 3 MLJ 705
22. Therefore, to determine whether Syariah
court has jurisdiction, just look into the State
enactments and see whether there is an
enactment that confers jurisdiction to the
Syariah court on any given matter.
23. Exception: conversion out of Islam (Apostacy)
Although not conferred by state
enactments, it still falls within the exclusive
jurisdiction of the Syariah courts.
24. The appellant — who was brought up as a Sikh —
converted to Islam without the knowledge and
consent of his widowed mother while he was still a
minor. Upon reaching 21 years of age, he went
through a baptism ceremony into the Sikh
faith, thereby renouncing Islam. He then executed a
deed poll in which he declared unequivocally that he
was a Sikh.
Subsequently, sought a declaration from the KL High
Court that he was no longer a Muslim.
Jabatan Agama Islam Kedah contended that the High
Court had no jurisdiction as the matter came under
the jurisdiction of the Syariah courts.
25. The jurisdiction of the syariah courts to deal with
conversions out of Islam, although not expressly
provided for in some State Enactments, can be read
into those enactments by implication derived from
the provisions concerning conversion into Islam.
It is inevitable that since matters on conversion to
Islam come under the jurisdiction of the syariah
courts, by implication, conversion out of Islam should
also fall under the jurisdiction of the same courts.
Thus, the appellant's application for a declaration that
he was no longer a Muslim came within the
jurisdiction of the syariah court and not that of the
High Court .
