Section 43. Jurisdiction of the Court. (THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,

ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982

PART III - CONSTITUTION OF SYARIAH COURTS APPOINTMENT OF OFFICERS AND THEIR JURISDICTION

Section 43. Jurisdiction of the Court.

(1) The Court of the Kadi Besar shall have jurisdiction throughout the State and shall be presided by the Kadi Besar.

(2) Subject to the provisions of this Enactment, a Court of a Kadi shall have jurisdiction in respect of any civil or criminal matter of the nature hereinafter specified arising within the local limits of jurisdiction prescribed for it under the preceding section or, if no local limits of jurisdiction are so prescribed, within the State.

(3) Every Court of a Kadi may be presided by any Kadi appointed under this Enactment.

(4) The Court of the Kadi Besar any-

(a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under this Enactment and may impose the full punishment therefor provided;

(b) in its civil jurisdiction, hear and determine all actions in which all the parties profess the religion of Islam land which relate to-

(i) betrothal, marriage, divorce, nullity of marriage, or judicial separation;

(ii) disposition of, or claim to, property arising out of any of the matters set out in sub-praragraph (i) of this paragraph;

(iii) maintenance, legitimacy, guardianship or custody of infants;

(iv) determination of the person entitled to share in the estate of deceased persons and the division of such shares in accordance with Hukum Syara'

;

(v) division of or claims to jointproperty;

(vi) wills or death-bed gifts of a deceased person who professes the religion of Islam;

(vii) gifts intervivos, or settlements made without consideration in money or money's worth by a person professing the Rel1gion of Islam;

(viii) Wakaf or Nazar; or

(ix) other matters in respect of which jurisdiction is conferred by any written law:

Provided that the Court of the Kadi Besar shall not ordinarily try any offence or determine any action or proceeding in respect of which any Court of a Kadi has jurisdiction.

(5) The Court of a Kadi may-

(a) in its criminal jurisdiction, try any offence committed by a Muslim punishable under this Enactment for which the maximum punishment does not exceed three months imprisonment or a fme of five-hundred ringgit or both and may impose any punishment therefore provided;

(b) in its civil jurisdiction, hear and determine all such actions and proceedings as the Court of the Kadi Besar is authorised to hear and determine in which the value of the claim does not exceed ten thousand ringgit, or is not capable of estimation in terms of money.

(6) No decision of the Court of the Kadi Besar or a Kadi shall affect any right of property of non-Muslims.