UMY 1712

Malaysian Legal System

State Courts

1. Explain the hierarchy of the Syariah Court according to the Administration

of Islamic Law Act (AIL) 1993.
- Syariah Courts is established by state law except in Federal Territories. It
jurisdiction over persons profession religion of Islam (9th Schedule of Federal
Constitution) Syariah Courts in states and Federal Territories employs a
hierarchy of 3 tiered court system. The highest court is the syariah appeal
court followed by Syariah high court and on the bottom of the hierarchy is the
Syariah subordinate court.

- In syariah appeal court, Chief Syariah Judge appointed by Yang Di Pertuan

Agong on advice of the minister after consulting the Majlis Agama Islam.
Section 41 of Administration of Islamic Law (Federal Territories) Act 1993
(AIL 1993) states the qualification of a Chief Syariah Judge which is he must
be a Malaysian citizen and also must have 10 years’ experience as a syariah
High Court judge or practices the syarie field. Syariah appeal court Presided
by Chief Syariah Judge and 2 judges selected by Chief Syariah Judge
appointed from panel of seven judges as prescribed under Section 42.
According to Section 54(2), chief Syariah judge may appoint any Syariah
High Court Judge as well

- Syariah appeal court has two jurisdictions which are Appellate and
Supervisory and revisionary. In appellate jurisdiction, hears appeal cases from
Syariah High Court (section 52(1)) Hears appeal cases from Syariah
Subordinates Court in matters of law of public interest after the Syariah High
Court had affected the result of the Syariah Subordinate Court. It must have
the leave of the Syariah High Court. (Section 52(2)) Explanation: can hear
appeal cases of Syariah High Court only but can also hear cases of Syariah
Subordinate Court if allowed by the Syariah High Court. For Supervisory and
Revisionary Jurisdiction, may call for and examine records of proceedings of
the Syariah High Court.

- Syariah High Court is Presided over by Syariah High Court judge. Appointed
by YDPA with the advice of Minister after consultation of the Majlis [Section
43] Qualification is the same as the Syariah Chief Judge. Syariah high court
 has 3 jurisdictions which are Original, Appellate and Supervisory and
revisionary. For original Jurisdiction, in civil matters, the syariah high court
may hear cases listed under Section 46 of the AIL1993. It also deals with
matrimonial, family, inheritance and waqaf.In criminal matter, Cases under
Syariah Criminal Offences (Federal Territories) Act 1997 are tried in this
court. Islamic Family Law (Federal Territories) Act 1984. Syaria high court
asl deals with any other written law relating to offences against precepts of
Islam.

- For Appellate jurisdiction, In Civil matters the Amount claimed not less than
RM1000 It also Concerns personal status. It Concerns maintenance of
dependents. No appeal for decision made by consent/agreement as stated in
(Section 48(1)(b)).In Criminal matters, it Can hear all cases from Syariah
Subordinate Court. Syariah High court has Supervisory and Revisionary
jurisdiction as stated in Section 51 AIL 1993. It also has jurisdiction over all
Syariah Subordinate Courts. It may at own motion or at request of any party
or person interested. It has jurisdiction to call for and examine any records
thereof

- The last court in the hierarchy is Syariah Subordinate court.it is presided by

the Syariah Subordinate Court judge. He is appointed by the YDPA on
recommendation of Syariah Chief Judge according to Section 44(1) AIL
1993 .There is no special qualification, may be members of the public. It only
has one jurisdiction which is the original jurisdiction. For Civil matters, this
court can hear and determine all such actions and proceedings as the Syariah
High Court but does not exceed RM50k Monetary Value cannot be estimated,
ie:divorce/validation of marriage .For Criminal matters, Offenses committed
by Muslim under the act or any written law prescribing offences against
precepts of the religion of Islam. The Punishment does not exceed RM2000 or
1 year imprisonment or both; and may impose any punishment provided
therefor;

2. Discuss the conflict between civil and Syariah court.

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3. Discuss the qualification of Chief Judge of Syariah Court.

- Section 41 of Administration of Islamic Law (Federal Territories) Act 1993

(AIL 1993) states the qualification of a Chief Syariah Judge. He must be a
Malaysian citizen; he must know Islamic law well and he must have 10 years’
experience as a syariah High Court judge or practices the syariah field.