Section 32. Extent of jurisdiction. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

ENACTMENT NO. 12 OF 1986
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

PART III- SYAR'IAH COURTS

Section 32. Extent of jurisdiction.

(1) The Syar'iah High Court shall-

(a)

in its criminal jurisdiction, try any offence committed by a Muslim and punishable under this Enactment and the administration of Islamic Family Law Enactment 1985

[Tr. En. 12/85.]

, and may impose any punishment provided for

the

offence;

(b)

in its civil jurisdiction, hear and determine all suits and proceedings in which all the parties profess the Religion of Islam and which relate to-

(i)

munakahat

or matrimonial matters and any disposition of, or claim to, property arising out of such matters;

(ii) maintenance of dependants, legitimacy under Hukum Syara',

hadanah

or guardianship or custody of infants;

(iii) division of or claims to,

harta sepencarian;

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

(v) wills or death-bed gifts of deceased persons who professed the Religion of Islam;

(vi) gifts

inter vivos

or settlements made without consideration in money or money's worth by persons professing the Religion of Islam;

(vii)

wakaf

nazar;

and

(viii) other matters in respect of which jurisdiction is conferred by any written law;

(2) A Syar'iah sUbordinate Court shall-

(a)

in its criminal jurisdiction, try any offence committed by a Muslim and punishable under this Enactment, except offences under sections

194, 197,1205,211,

and

215,

and any offence under the Administration of Islamic

Family Law Enactment

1985

[Tr. En. 12/85.]

except offences under sections

35, 36, 125,

and

127,

and may impose any punishment provided for the offence;

(b)

in its civil jurisdiction, hear and determine all suits and proceedings in which all the parties profess the Religion of Islam and which relate to-

(i)

munakahat

or matrimonial matters,

except in th matter of determining the validity or otherwise of a marriage, divorce, or

ruju',

and in the matter of dissolution of marriages;

(ii) any disposition of, or claim to, property arising out of

munakahat

or matrimonial matters, where the value of the property does not exceed fifty thousand ringgit;

(iii) maintenance of dependants, legitimacy under Hukum Syara',

hadanah

or guardianship or custody of infants;

(iv) division of, or

cla

ims to,

harta sepencarian,

where the value of the

harta sepencarian

does not exceed fifty thousand ringgit; and

(v) other matters in respect of which jurisdiction is

con

ferred by any written law.

(3) No decision of the Syar'iah Appeal Court, the Syar'iah High Court, or a Syar'iah Subordinate Court shall affect any right of property owned by persons not professing the Religion of Ilam.