Section 11. Jurisdiction of Syariah High Court. (SYARIAH COURT (TERENGGANU) ENACTMENT 2001

ENACTMENT NO. 3 OF 2001
SYARIAH COURT (TERENGGANU) ENACTMENT 2001

PART III - APPOINTMENT OF JUDGES AND JURISDICTION OF SYARIAH COURTS

Section 11. Jurisdiction of Syariah High Court.

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

(2) Notwithstanding subsection (l), the Chief Syarie 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 this Enactment or any other written law for the time being in force which prescribes offences against the precepts of the religion of Islam, and may impose any punishment provided for such offence; and

(b) in its civil jurisdiction, hear and determine 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

(f'araq)

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 subparagraph (i);

(iii) the maintenance of dependants, legitimacy, 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

;

(vi) gifts inter vivos, or settlement made without adequate consideration in money or money’s worth by a Muslim;

(vii)

wakaf

nazar

;

(viii) divison and inheritance of testate or intestate property;

(ix) the determination of the persons entitled to share in the estate of a deceased Muslim or the share to which such persons are respectively entitled;

(x) a declaration that a person is no longer a Muslim;

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

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