Whether decisions in Syariah Courts can be reviewed by ordinary courts.
The coexistence of the civil courts and the Syariah Courts creates jurisdictional problems and the possibility of conflicting decisions.. In some cases, issues relating to Islamic law came upon the civil courts and common law was applied common law to the exclusion of Islamic law. In the case of Ainan bin Mahmud v Syed Abu Bakar bin Habib Yusoff & Others , it was held that the Evidence Enactment overrides the rule of Islamic Law which states that a child born within six months of marriage is illegitimate. In the case of Myriam v Mohamed Ariff , the High Court applied the Guardianship of Infants Act which is contrary to Islam or Malay custom.
The decision made by the civil courts in the above cases raised concerns as the decision made was contrary to Islam and the matter handled by the courts are within the jurisdiction of the Syariah Courts. Currently, the addition of clause (1A) to Article 121 of the Federal Constitution has expressly removed the two High Courts and the inferior courts’ jurisdiction over any matter within the jurisdiction of the Syariah Courts. In other words, it also prevents the civil courts from reviewing decisions of the Syariah Courts as reviewing the Syariah Courts’ decisions would mean the civil courts are reviewing issues regarding Islamic laws which does not fall within the jurisdiction of the civil courts any more.
Thus, does this means that the Syariah Court is an individual court separated from the civil courts standing by itself whereby no appeal could be made to the Superior courts anymore? Does that mean that even the Federal Court does not have the power to review the decisions in the Syariah Courts? That seems to be the case ...
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...ing a new law or by amending the current law to clarify its intention with regards to whether the civil courts have can review the decisions made by the Syariah Court. Thirdly, we may unify the civil and the Syariah Courts at all levels – in effect, federalizing the Syariah Courts. In a case raising civil and Islamic law issues, two judges should sit , one from each discipline. The civil law judge decides civil law issues while the Syariah judge decides on Islamic law issues. The final judgment of the court is to be given by both jointly.
THE CONSTITUTION OF A MUSLIM MAJORITY STATE:THE EXAMPLE OF MALAYSIA http://unmis.unmissions.org/Portals/UNMIS/Constitution-making%20Symposium/2011-05_Faruqi_Malaysia.pdf Wakaf: Conflict Of Jurisdiction Between Civil And Syariah Courts In Malaysia
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all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
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Marriage and divorce are very significant aspects of Islamic law, but criminal law could be considered the most controversial. The Sharia categorizes its offenses by the types of punishment each receives. There are offenses which are paired...
“Provisions of the International Religious Freedom Act.” Facts On File Issues and Controversies. Jan 21 2000:18.