Islamic Legal System - Syariah Court Jurisdiction

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16 Questions

What is the term used for the territorial limits within which a judge is allowed to hear and determine a particular case in Islamic legal system?

Wilayah al Qada

Under the jurisdiction of Syariah Court in Malaysia, who do the courts have jurisdiction over?

Only Muslims

Which of the following is NOT a civil matter within the jurisdiction of state courts in Malaysia?

Criminal matters involving non-Muslims

What does 'harta sepencarian' refer to in the context of state court jurisdiction?

Division of matrimonial property

What type of property disposition or claim arises out of divorce and falls within the jurisdiction of state courts?

Gifts inter vivos

Which of the following is NOT within the jurisdiction of state courts in relation to civil matters?

Criminal matters involving Muslim offenders

What is the maximum imprisonment term that the Syariah Courts can impose according to the Syariah Courts (Criminal Jurisdiction) Act 1965?

3 years

In Islamic law, what is the minimum period of gestation?

6 months

In the case of Myriam v Mohamed Ariff 1 MLJ 265, who was given custody of the children according to Islamic Law?

The father

What are some examples of offences under the criminal jurisdiction of the Syariah courts?

Domestic violence and wife’s infidelity

In which court case was it decided that a child born to a Muslim woman 4 months after her marriage to a Muslim man is legitimate?

Ainan v Syed Abu Bakar MLJ 209

What are some examples of offences concerning the spiritual aspect of individual life which also affect the Muslim community?

Failure to attend Friday prayers and non-payment of zakat or fitrah

What jurisdictional conflict has been observed between the Syariah Courts and Civil Courts?

Conflicts regarding child custody matters

What is the maximum fine that the Syariah Courts can impose according to the Syariah Courts (Criminal Jurisdiction) Act 1965?

$5000

'Illicit intercourse' falls under which category of offences within the criminal jurisdiction of the Syariah courts?

'Matrimonial offences'

'Failure to fast in the month of Ramadan' is an example of an offence under which category within the criminal jurisdiction of the Syariah courts?

'Offences concerning the spiritual aspect of individual life'

Learn about the jurisdiction of Syariah Courts, known as 'Wilayah al Qada', which refers to the territorial limits within which a judge is allowed to hear and determine particular cases. Explore the specific jurisdiction of Syariah Courts in Malaysia as specified in the 9th Schedule of List II of the Federal Constitution.

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