ENACTMENT NO. 7 OF 2002 ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002
PART IV - SYARIAH COURTS
Section 49. Jurisdiction of Syariah High Court.
(1) A Syariah High Court shall have jurisdiction throughout the State of Malacca and shall be presided over by a Syariah High Court Judge.
(2) Notwithstanding subsection (1), 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 the Islamic Family Law (State of Malacca) Enactment 2002 [Enactment No. 12 of 2002] or under any other written law prescribing offences against precepts of the religion of Islam for the time being in force, and may impose any punishment provided therefor; 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 (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;
(vi) gifts inter vivos, or settlements made without adequate consideration in money or money’s worth by a Muslim;
(vii) wakaf or nazr;
(viii) division 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 shares 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.