Section 61. Jurisdiction of Syariah High Court. (ADMINISTRATION OF THE RELIGION OF ISLAM

ENACTMENT NO. 4 OF 2004
ADMINISTRATION OF THE RELIGION OF ISLAM
(STATE OF PENANG) ENACTMENT 2004

PART IV - SYARIAH COURTS

Section 61. Jurisdiction of Syariah High Court.

(1) A Syariah High Court shall have jurisdiction throughout the State of Penang 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 this Enactment, Islamic Family Law Enactment (State of Penang) 2004 or under any other written law for the time being in force which prescribes offences and may impose any punishment provided for such offences; 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

maradal-maut

;

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

(vii)

wakaf

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.