INDIVIDUAL ASSIGNMENT

Question 1

i) The structure of the court system which has jurisdiction to hear the case.
Syariah Court has three- tiered system:
a) Syariah Subordinate Court
- (CIVIL) In its jurisdiction a Subordinate Syariah Court may hear all
matters that the Syariah High Court is authorized to hear. However, its
jurisdiction is limited to certain matters.
- (CRIMINAL) The criminal jurisdiction of the Subordinate Syariah Court
covers any offence committed by a Muslim.
b) Syariah High Court
- (CIVIL) The Syariah High Court may hear matters of personal, family law
and matrimonial causes where all parties are Muslims. These matters
are enumerated under Section 46(b) of AIL (FL) Act 1993.
- (CRIMINAL) The criminal jurisdiction of the Syariah High Court covers
offences committed by Muslim. Criminal matters of a religious nature
include sex, prostitution, khalwat and other offences like non- payment of
zakat or fitrah.
c) Syariah Appeal Court
- May hear appeals against the decision of a Syariah High Court or an
appeal from a Syariah Subordinate Court.
- Constitute by Chief Syariah Judge who will act as Chairman of Syariah
Appeal Court.
- Every appeal in this court is heard and disposed of by a chairman and 2
judges.

ii) The identity of the court that would hear her case and its jurisdiction.
The court that would hear Aishahs case is Syariah High Court. In its civil
jurisdiction may hear all matters of personal, family law and matrimonial causes
 where all parties are Muslim. These matters would be enumerated under Section
46(b) of AIL (FL) Act 1993. They include:
- Betrothal, marriage, ruju, divorce, nullity of marriage ( fasakh), nusyuz or
judicial separation or other matter relating to the relationship between
husband and wife. ( in Aishahs case)
- Any disposition of or claim to property arising out of any of the matters
set up in sub paragraph.
- The maintenance of dependants, legitimacy or guardianship or custody
(hadhanah) of infants.
- The division of or claims to harta sepencarian.
- Wills or death- bed gifts (marad al-maut) of a deceased Muslim.
- Wakaf or nazar.
- Division and inheritance of testate or intestate property.

For criminal case, the criminal jurisdiction of the Syariah High Court covers
offences committed by Muslim punishable under:
- The Selangor Administration of Islamic Law Enactment 1989.
- The Islamic Family Law (Federal Territories) Act 1984 or
- Any other written laws prescribing offences against precepts of Islam for
the time being in force.

Question 2

i) The jurisdiction of the courts where the case will first be mentioned before it is
transferred to the trial court:
a) 1st Class Magistrates
- First Class Magistrates are legally qualified and have greater power while
Second Class Magistrates are normally appointed.
 Criminal Jurisdiction: in criminal matters, Section 87 of the
Subordinate Courts Act 1948 (Act 92) provides the First Class
Magistrates fairly substantial powers. A First Class Magistrate
has the jurisdiction to try all offences which:
The maximum term of imprisonment does not exceed ten
years or
Punishable with fine only
but may pass sentences of :
Not more than five years imprisonment
A fine of up to RM 10,000 and / or
Impose whipping up to a maximum of twelve (12) strokes
of the cane.
Civil Jurisdiction: in civil matters, a First Class Magistrates has the
jurisdiction to hear all action and suits of a civil nature where the
amount in dispute or value of the subject matter does not exceed
RM 100,000 under Section 90 of the Subordinate Court Act 1948 (
Act 92).

ii) The trial court that will hear the case and its jurisdiction:
a) The High Court
- May act as a court of first instance and appellate court. Every
proceeding in the High Court will be heard and disposed of before a
single Judge.
Criminal Jurisdiction
Within its local jurisdiction
On high seas on board any ship or aircraft registered in
Malaysia.
By any citizen or permanent resident on the high seas on
board any ship or aircraft
Offences under Chapter VI of the Panel Code (Act 574)
and those under any of the written laws specified in the
Schedule to the Extra- Territorial Offences Act 1976 (Act
163)
Normally only serious criminal cases like drug trafficking
under Section 39B of the Dangerous Drug Act 1952 (Act
234)
Murder under Section 302 of the Penal Code (Act 574)
Kidnapping or abduction under Section 364 of the Penal
Code (Act 574)
And offences under the Firearms (increased penalty) Act
1971 (Act 37)
Where it is involves capital punishment (death sentence) if
the accused is found guilty.
 Civil Jurisdiction: has the jurisdiction to try all civil proceedings
where:
The cause of action arose.
The defendant or one of the several defendants resides or
has his place of business.
The facts on which the proceedings are based exist or
alleged to have occurred
Any land the ownership of which is disputed is situated.
Jurisdiction under any written law relating to bankruptcy or
to companies.
The High Court has general supervisory and revisionary
jurisdiction over all Subordinate Court.