Civil 'jurisdiction' of Syariah Court in Malaysia - should it be expressed or implied?: a reflection

Md. Dahlan, Nuarrual Hilal and Kamarudin, Abdul Rani (2005) Civil 'jurisdiction' of Syariah Court in Malaysia - should it be expressed or implied?: a reflection. In: Prosiding Persidangan Kebangsaan Ke-2 Pusat Pengajian Sosial, Pembangunan dan Persekitaran, 5-6 September 2005, Universiti Kebangsaan Malaysia, Bangi, Selangor.

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Abstract

The jurisdiction of Syariah Courts to hear matters its own matters is generally provided and fallen under List II (State List) of the 9th Schedule to the Federal Constitution ('FC') and spesifically provided in the respective states' enactments on the administration of Islamic Law enactments and for the Federal Territories an act passed by Parliament. However, there are certain matters that have been left by the legislatures to have them being spesifically provided in the said provisions even though it involves the determination of Islamic Law as enrished in List II (State List) under the Ninth Schedule to the FC. In such situation, what is the position of Syariah Court? Could it determine the matters even though it had not been provided by the legislature? This paper will highlight these issues through cases decided in courts in Malaysia.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	1590/8792
Uncontrolled Keywords:	jurisdiction, Syariah court, Malaysia
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP15 Congresses. Conferences K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Nur Aqilah Norudin (PT)
Date Deposited:	20 Dec 2011 20:15
Last Modified:	15 Apr 2015 11:44
URI:	http://irep.iium.edu.my/id/eprint/8792

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