Section 11. Jurisdiction of Syariah High Court. (SYARIAH COURTS ENACTMENT 2004

ENACTMENT NO. 6 OF 2004
SYARIAH COURTS ENACTMENT 2004

PART II - SYARIAH COURTS
Constitution and jurisdiction.

Section 11. Jurisdiction of Syariah High Court.

(1) A Syariah High Court shall have jurisdiction throughout the State of Sabah and shall be presided over by a Syariah High Court Judge.

(2) Notwithstanding subsection (1), the State Chief Syar'ie Judge may sit as a Syariah High Court Judge and preside over such Court.

(3) The Syariah High Court shall –

(a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Majlis Ugama Islam Negeri Sabah Enactment 2004, Islamic Family Law Enactment 2004, Syariah Criminal Enactment 1995 or under any other written law for the time being in force which confers jurisdiction on the Syariah High Court to try any offence, and may impose any punishment provided therein; and

(b) in its civil jurisdiction, hear and decide all actions and proceedings if all the parties to the actions or proceedings are Muslims and the actions or proceedings relate to -

(i) betrothal, marriage,

ruju'

, divorce, annulment of marriage

(fasakh)

nusyuz

, or judicial separation

(faraq)

or any other matter relating to the relationship between husband and wife;

(ii) any disposition of or claim to property arising out of any of the matters set out in subparagraph (i);

(iii) the maintenance of dependants, legitimacy, or guardianship or custody

(hadhanah)

of infants;

(iv) the division of, or claims to,

harta sepencarian

;

(v) wills or gifts made while in a state of

marad-al-maut

of a Muslim deceased;

(vi) gifts inter vivos

(hibah)

, or settlements made without adequate consideration in money or money's worth by a Muslim;

(vii) wakaf

nazr

or matters relating thereto;

(viii) division and inheritance of testate or intestate property or appointment of

Wasi

and for matters relating thereto;

(ix) the determination of the persons entitled to share in the estate of a deceased Muslim or the shares to which such persons are respectively entitled and for matters relating thereto;

(x) a declaration that a deceased person was a Muslim or otherwise at the time of his death;

(xi) registration and adoption of child and for matters relating thereto; and

(xii) other matters in respect of which jurisdiction is conferred by any written law.