Shariah Courts of Malaysia

The Shariah Courts in Malaysia are a separate judicial system that operates alongside the civil courts. They have jurisdiction over Muslims in matters of Islamic personal and family law.

Jurisdiction

Shariah Courts have jurisdiction over:

• Marriage and divorce for Muslims
• Child custody and guardianship
• Maintenance and alimony
• Distribution of property (for Muslims)
• Religious offenses under state Islamic laws

Structure

The Shariah Court system typically consists of three levels:

1. Shariah Subordinate Courts
2. Shariah High Courts
3. Shariah Appeal Courts

Key Functions

1. Family Law: Adjudicating matters related to Muslim marriages, divorces, and child custody
2. Inheritance: Dealing with matters of Muslim inheritance (faraid)
3. Religious Offenses: Trying cases related to Islamic religious offenses as defined by state laws
4. Conversion: Handling matters related to conversion to Islam

Significance

The Shariah Courts play a crucial role in:

• Upholding Islamic law for Muslims in Malaysia
• Ensuring that family and personal matters for Muslims are dealt with in accordance with Islamic principles
• Preserving the unique dual legal system in Malaysia

Limitations

It’s important to note that:

• Shariah Courts only have jurisdiction over Muslims
• Their jurisdiction is limited to matters enumerated in the State List of the Federal Constitution
• Non-Muslims are not subject to Shariah law or the jurisdiction of Shariah Courts

Locations

Shariah Courts are established in each state of Malaysia, as Islamic law falls under state jurisdiction. Each state has its own Shariah court system. Some key locations include:

• Kuala Lumpur Shariah Court (for Federal Territories)
• Selangor Shariah Court (Shah Alam)
• Johor Shariah Court (Johor Bahru)
• Penang Shariah Court (George Town)
• Kelantan Shariah Court (Kota Bharu)
• Sabah Shariah Court (Kota Kinabalu)
• Sarawak Shariah Court (Kuching)

Each state typically has multiple Shariah Courts at different levels (Subordinate, High, and Appeal) located in various districts.

For specific information on Shariah Court procedures or to understand if your case falls under its jurisdiction, please consult legal professionals specializing in Islamic law or official Shariah Court resources.