two court :World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

Sample answer by USIM LAW undergraduate 1050624

 

Civil court have no jurisdiction to preside over claims for Harta Sepencarian among Muslim since Shariah Court have the power to divide the said property by the court consideration and discrection. The Court have a power to order division of harta sepencarian as it’s stated on section 58 of IFLA 1984. This section provide the power of court to exercising for division of the property. Clause (4) of the section also give the power to the court to take into consideration the contribution made by the parties during marriage and also the need of the minor children of the marriage. This section clearly illustrated to us that the Syariah Court have enough jurisdiction to make sure that the harta sepencarian will be devided equally among the both parties.

 

In article 121 (1) A of Federal Constitution also provide the power of Syariah Court in order to give judgment in the case without any interference from civil court. Since our country have the unique law that consist of two court the jurisdiction of each court should not be have any interference by the other court. The jurisdiction of Syariah Court is to give a muslim an opportunity to be tried in Islamic law esspecially in family matters. The power of Syariah Court to settle any dispute among Muslim should not be interfere by any other parties. The amendment of article 121 of Federal Constitution give a big effect to the jurisdiction of Syariah Court to give the judgment. This article avoid the power of Civil Court to re-examined the Syariah Court judgement. It is also give a rise that the Syariah Judges may make their judgment accordingly to Hukum Syarak without any hesitate that their judgment will be re-examination by the Civil Court judges that is not have a back ground of Islamic Law.

 

[Marks earned: Four point Five (4.5) out of 11 marks]

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