Syariah Court Case Study
2.0 INTRODUCTION
Marriages in Malaysia are subject to the jurisdictions of the Civil Court and the Syariah Court. Both the Civil Court and Syariah Court have their special and different jurisdiction in which they should not interfere with each other’s jurisdiction according to the laws and restrictions.
This chapter will discuss and elaborate the scope of the Civil Court and Syariah Court as well as to examine the jurisdictional conundrum between the two courts.
2.1 CIVIL COURT’S JURISDICTION
A petition for divorce can be filed by the non-Muslim in the Civil Courts against the Muslim spouse on the ground of conversion to Islam. Upon such a divorce, the non-converting spouse may seek child rights, financial support and property division orders as well as the ancillary reliefs against the converted spouse.
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In this case, the appellant converted to Islam after contracting a civil marriage with the respondent, and subsequently converted his two children’s religion to Islam without the consent of his ex-wife. The appellant applied for the dissolution of the civil marriage as well as the custody order of the two children from the Syariah High Court. He was granted the orders by the Syariah High Court. In the meantime, the respondent later also applied for an order for the dissolution of the civil marriage as well as the permanent custody order of the two children to the Civil High Court.The respondent was granted with such orders. It was clear that two conflicting custodial orders existed in this
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