ENACTMENT NO. 3 OF 1982 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1982
PART III - JURISDICTION OF SYARIAH COURT
Section 9. Jurisdiction of the Syariah High Court.
The Syariah High Court shall:
(1) In its criminal jurisdiction try any offence committed by a Muslim and punishable under this Enactment or any other written law so providing and may impose any punishment therefor provided.
(2) In its civil jurisdiction, hear and determine all actions and proceedings in which all the parties profess the Islamic religion and which relate to:
(i) betrothal, marriage (including taat balik), divorce, khuluk, fasakh, cerai taliq, rights of wives, lian, ila or other matters 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 sub-paragraph, (i) of this section;
(iii) maintenance of dependants, legitimacy of children, guardianship or custody of infants;
(iv) division of or claims to harta sepencarian or dom;
(v) determination of nasab or faraidh of persons entitled to the share of the estate of a deceased;
(vi) gifts inter vivos or revocation of such gifts;
(vii) wills, wakaf or nazar; or
(viii) other matters in respect of which jurisdiction is conferred by any written law:
Provided that the, Court shall not ordinarily try any offence, or hear or determine any action or proceedings in respect of which the Syariah Subordinate Court has jurisdiction.
(3) Examination of any record or proceedings of the Syariah Subordinate Court and shall make decisions as follows:
(a) in a criminal matter quash the conviction; set aside, reduce or order a re-trial;
(b) in a civil matter vary the judgment, order or decision of the trial Courts, exercised any such power as the trial Court could have exercised, make such order as the trial Court ought to have made or order a re-trial.
[Am. En. 8/1995]
(4) Upon the Court calling for record of any matter or proceeding under subsection (3) all proceedings in the Syariah Subordinate Court of the matter or proceeding in question shall be stayed pending further order of the Court.
(5) Nothing in this section shall prevent the Chief Syariah Judge to sit as the Judge of the Syariah High Court and to preside the Court.