Syariah Court Essay

The legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution

Prior to 1988, Article 121(1) of Federal Constitution provided as follows:
Subject to Clause (2) the judicial power of the Federation shall be vested in two High Courts of co-ordinate jurisdiction and status, namely—

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur; and

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;

For instance, in the case of Ainan Bin Mahamud v Syed Abu Bakar Bin Habib Yusoff , the court held that Section 112 of Evidence Enactment 1950 was a statute which was implemented to all people whether they are Muslims or non-Muslims. Thus, by virtue of this provision, a child was born by a womanless than six months after the marriage was a legitimate child even though according to Islamic law, the said child is considered to be an illegitimate child. In this case, it had been proven that the Evidence Enactment prevailed over Islamic Law even though it has been mentioned as the religion of federation and Civil court has the jurisdiction to hear the

The applicant, the mother of the infants, had been divorced by the respondent, the father of the infants. At the time of the divorce, the Kathi had recorded a consent order giving the custody of the infants to the respondent. Since the divorce the applicant had remarried a man not related to the infants. It was contended by the respondent inter alia (a) that the applicant was precluded from making the application as she had consented to the order for custody made by the Kathi; (b) that the Guardianship of Infants Act, 1961 was inapplicable as the infants were