Malaysia Essay

1133 words - 5 pages

In Malaysia, there are three types of Syariah Courts which are the Syariah Appeal Court, Syariah High Court and also the Syariah Subordinate Court. First and foremost, the Syariah Appeal Court has two jurisdictions. The first jurisdiction is the appellate jurisdiction. As referred to the appellate jurisdiction, the Syariah Appeal Court may hear any appeal which is against the decisions of the Syariah High Court made in the exercise of its original jurisdiction. Besides that, it may also hear and determine any question of law of public interest which has arisen in the course of an appeal against the decision of a Syariah Subordinate Court to the Syariah High Court and the determination of which by the latter has affected the result of the appeal. The hearing and determination of such a question by the Syariah Court of Appeal is, however, subject to leave being granted by the court. Then, the second jurisdiction for Syariah Appeal Court is the supervisory and revisionary jurisdiction. As following to this jurisdiction, the Syariah Appeal Court may call for and examine, at any stage or any proceedings (civil & criminal) in the Syariah High Court, the records of such proceedings, and give such directions as justice may require. It may do so either follows to his own motion or at the instance of any party. In this situation, the proceedings in the Shariah High Court shall be stayed pending further order of the Syariah Appeal Code.
On the other hand, the Syariah High Court has three jurisdictions. First, the original jurisdiction of the Syariah High Court covers both civil and criminal cases. As for civil cases, the court may hear all matters listed in s 46 (2) (b) of the AIL (FT) Act 1993. These matters relate to family law and personal law which are apart from wakaf. Besides, there is also original jurisdiction for criminal cases. In criminal cases, the Syariah High Court has jurisdiction over offences which are committed by the Muslims that are punishable under the Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) ; the Islamic Family Law (Federal Territories) Act 1984 (Act 303) ; or any other written law prescribing offences against the precepts of Islam. So, the examples of offences of a religious nature over which the Syariah High Court has jurisdiction are the consumption of liquor, failure to fast during Ramadan, and lastly khalwat (close proximity between two persons of the opposite sex who are not prohibited from marrying). Second, the Syariah High Court also has the appellate jurisdiction. It may hear the appeals against any decision of a Syariah Subordinate Court. In civil matters, the Syariah High Court may hear an appeal by an aggrieved person where the amount claimed is not less than RM 1000 ; concerns personal status ; or concerns maintenance of dependants. However, no appeal can be made against a decision made by consent. The Syariah Court may only confirm, reverse, or vary the decision of the trial court or...

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