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Sharia Court Essay

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The term of court already common in everywhere around the world as it is much related to the law of the country involved. Court played very imperative role because it was a justice system that upholds the rules of law and also the place where all the dispute and cases will be resolves. Court will enforce laws in a fair and rational manners based on evidence prove, investigation, and explanation from parties involved. Hence, there is no room for suspicion, bias or even favouritism. The judges are free to apply the law based on what law says without having interruption from government and public opinion. There are various types of court and each of it will proceed and resolves certain cases and issue comes out. In Malaysia, there are three courts …show more content…

The sharia courts have jurisdiction in matters of Islamic law, personal law and family law of persons processing the religion of Islam, and particularly with regard to matrimonial causes and offences against the teachings of Islam. The penalty / punishment generally only pass sentences of not more than 3 years imprisonment, a fine of up to RM5, 000, and/or up to six strokes of the cane. The sharia courts have been made independent of the council of Muslim religion and are organised in three levels, the Sharia Subordinate Court, the Sharia High Court and the Sharia Appeal Court. A minister in the Prime Minister’s department was reported to have said that “if a women desires to marry a non-Muslim, she should urge the man to embrace Islam, and not vice versa” (South China Morning Post, 1998). According to Islam perspective, those who want to marry a non-Muslim, he or she should encourage their future life partner to embrace …show more content…

There are 30 judges of whom five controls in Sabah and Sarawak and another 25 works in Peninsular Malaysia. The jurisdiction is original, appellate, supervisory and it consist of unlimited criminal and civil powers (Courts of Judicature Act, 1964). Any civil matter which cannot be determined in the subordinate courts is heard before the High Courts. Started in 1 January 1988, the High Court has been recognized into 4 division such as commercial division, civil division, criminal division and civil appeal. Each division has a separate registry with a senior assistant registrar assigned to each judge. In criminal cases, the cases may be brought to the High Court if the offender has been properly committed for trial after a preliminary hearing in a Magistrates Court. Furthermore, in exercise of its appellate jurisdiction, civil and criminal appeals are hears by High Court from Magistrates and Session Courts. In addition, High Court also possesses the power to refer any law arise in the appeal for the decision of Supreme Court if it is in the public interest and paramount

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