Section 47. Jurisdiction of Syariah High Court. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

Enactment No 3 Of 1991
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

PART III - SYARIAH COURTS

Section 47. Jurisdiction of Syariah High Court.

(1) A Syariah High Court shall have jurisdiction throughout the State of Pahang and shall be presided over by a Syariah High Court Judge.

(2) A Syariah High Court shall-

(a)

in its criminal jurisdiction, try all offences committed by a Muslim and punishable under this Enactment or the Islamic Family Law Enactment 1987 [

Enact. 3/87

] or under any other written law which confers the Syariah Courts jurisdiction to try any offence, and may impose any punishment provided therein; and

(b)

in its civil

(mal)

jurisdiction, hear and determine all actions and proceedings in which all the parties are Muslims and which relate to-

(i) betrothal, marriage, divorce, dissolution of marriage

(fasakh)

or judicial separation

(faraq);

(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 of infants

(hadzanah);

(iv) the division of or claims to

harta sepencarian;

(v) wills or death-bed gifts

(maradhul maut)

of a deceased Muslim;

(vi) gifts

inter vivos,

or settlement made without adequate consideration in money or money's worth, by a Muslim;

(vii)

wakaf

nazar;

(viii) division and inheritance of will or non-will property of a Muslim; and

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