 CHAPTER 10:

 STATE COURTS
 (MAHKAMAH – MAHKAMAH
PERINGKAT NEGERI
 State Courts

Syariah Court Native Court

 SYARIAH COURT (MAHKAMAH SYARIAH)
FEDERAL, STATE, &
CONCURRENT LIST
 THE POWER BETWEEN FEDERAL AND STATES

No. FEDERAL LISTS STATES LISTS CONCURRENT LISTS

(SENARAI – (SENARAI NEGERI) (SENARAI
PERSEKUTUAN) BERSAMA)
1. Most matter that are Islamic law and Its set out matter on
important to the matters of more on common concern
federation as a local concern such such as social
whole (such as as land, agriculture, welfare, water
citizenship, mining, Syariah supplies, housing,
defence, internal law, Syariah courts, town and country
security, civil and State holidays and planning, and public
criminal law, State public works, health.
finance, trade, and administration
commerce and of local government.
industry, education,
labour, and tourism)
 Islamic Law
 Majlis Agama Islam (Islamic Religious
Council): Responsible for all matters
concerning the Islamic religion except
Ilsmaic law and the administration of justice.
 The Mufti: Responsible for the determination
of Islamic Law (What is Halal & Haram)
 Syariah Courts: Responsible for the
administration of justice.
STATE LIST
 State Courts
 Item 1 of the State List of the Federal
Constitution provides: “...the constitution,
organization and procedure of Shariah
courts which shall have jurisdiction only
over persons professing the religion of
Islam and in respect only of any of the
matters included in this paragraph, but
shall not have jurisdiction in respect of
offences except in so far as conferred by
federal law...”.
 SYARIAH APPEAL
COURT

SYARIAH HIGH COURT

SYARIAH SUBORDINATE
COURT
 Sukma Darmawan
Sasmitaat Madja
 v
 Ketua Pengarah
Penjara
 Malaysia
 &
 Anor
 [1999] 2 MLJ 241.
 State Courts
 “Today the Syariah courts in each State and in the
Federal Territories have their own officers to
investigate and prosecute cases in their own courts.
Their court system is similar to and running parallel
with the civil court system. It has its own Syariah
subordinate court; the Syariah High Court and Syariah
Appeal Court. The decisions of the Syariah subordinate
court are appealable to the Syariah High Court, and
the Syariah Court of Appeal hears appeals from their
High Courts. The Chief Syariah Judge is the head of
the Syariah courts and the Chief Syariah Prosecutor has
the power to institute, conduct or discontinue any
proceeding for an offence before a Syariah court”.
 State Courts
 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
 NATIVE COURT (MAHKAMAH
 ANAK NEGERI/BUMIPUTRA)
 State Courts
 In Sabah and Sarawak, there
are no Penghulus' Courts, but
there are instead Native Courts
having jurisdiction on matters
of native law and custom.
 State Courts
 Native courts in Sabah and Sarawak
will hear cases involving ‘natives’;
(Applicant will have to first satisfy
that he/she is native (anak negeri)
before the court may resume
jurisdiction). Subject matter of
dispute must be native matters –
listed in the state enactment or
ordinance
 MLS MLS
(OUTLINE) (OUTLINE)

INTRODUCTION TO
FINISH THE MALAYSIAN LEGAL FINISH ISLAMIC
LAW
SYSTEM

FINISH THE DEVELOPMENT OF FINISH CUSTOMARY

MALAYSIAN LAW LAW

FINISH THE FINISH FEDERAL

FEDERAL CONSTITUTION COURTS

FINISH LEGISLATION
FINISH STATE
COURTS

JUDICIAL THE LEGAL

FINISH DECISIONS PROFESSIONAL

ENGLISH
FINISH LAW