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Last Updated : 22 Mei 2013
|The Syariah High Court|
Syariah High Court headed by a Syariah High Court Judge.
It is also supported by Sulh Officer from Sulh Unit MSNM for settlement of cases by Sulh Process under it's jurisdition.
A Syariah High Court shall have jurisdiction throughout Malacca and shall be presided over by a Syariah Judge in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the the Islamic Family Law (State of Melaka) Enactment 2002 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 thereof;
A) 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) division and inheritance of testate or intestate property;
v) the 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;
vi) a declaration that a person is no longer a Muslim;
vii) a declaration that a deceased person was a Muslim or otherwise at the time of his death; and
B) An appeal shall lie to the Syariah High Court from any decision of a Syariah Subordinate Court The Syariah High Court may :-
i) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or make further inquiry, enhance or alter the nature orf the sentence, order a retrial or alter or reverse any order of the trial Court; and
ii) In a civil matter, confirm reverse or vary the decision of the trial Court exercise any such powers as the trial Court could have exercised ,make such order as the trial Court ought to have made, or order a retrial.
C) The Syariah Appeal Court shall have supervisory and revisionary jurisdiction over the Syariah High Court and may, if it appears desirable in the interest of justice, either on its own motion or in instance of any party or person interested, at any stage in any matter or proceeding, whether civil or criminal in the Syariah High Court, call for and examine any records of such matter or proceedings and may give such directions as justice may require.