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← Administration of Islamic Law (Federal Territories) Act 1993

Administration of Islamic Law (Federal Territories) Act 1993 s 46

Administration of Islamic Law (Federal Territories) Act 1993 s 46

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 46 Jurisdiction of Syariah High Court

(1) A Syariah High Court shall have jurisdiction throughout the Federal Territories and shall be presided over by a Syariah Judge. (2) A Syariah High Court shall— (a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Enactment or the Islamic Family Law (Federal Territories) Act 1984 [Act 303], 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; (b) in its civil jurisdiction, hear and determine all actions and proceedings in which all the parties are Muslims and which relate to— (i) betrothal, marriage, ruju’, divorce, nullity of marriage (fasakh), nusyuz, or judicial separation (faraq) 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 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 death-bed gifts (marad-al-maut) of a deceased Muslim; (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) he determination of the persons entitled to share in the estate of a deceased Muslim or of the shares to which such persons are respectively entitled; or (x) other matters in respect of which jurisdiction is conferred by any written law.

Read this section in the full act → · Open Part IV →

Find Act 505 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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