FEDERAL CONSTITUTION

PENDAFTAR HAKMILIK, PEJABAT TANAH DAN GALIAN NEGERI JOHOR v. HUAN KOK SY [2025] 2 CLJ 871 (Court of Appeal)

Case Digest:

[1] In recognising the jurisdiction and authority vested in the Syariah Courts, it is paramount to appreciate the comprehensive legislative framework that forms the foundation of their operation. At the core of this framework is item 1 of the State List, a critical element of Malaysia's constitutional structure, which grants Parliament the authority to enact laws concerning the constitution, organisation, and procedure of the Syariah Courts. This legislative competence is not limited to the mere formation of the courts; it extends to encompass the full spectrum of judicial functions, including the essential power to handle contempt proceedings, as expressly provided for in s. 229 of the Act 585, the Syariah Courts (Criminal Jurisdiction) Act 1965.

[2] The language surrounding the “constitution, organisation, and procedure of Syariah courts” must be construed in a comprehensive manner. Such a broad interpretation is imperative to ensure that these courts possess the full suite of judicial powers required to effectively administer justice in matters of Islamic law. Limiting this interpretation would undermine the courts’ ability to fulfil their mandate, thereby jeopardising the legislative intent and purpose behind these provisions. A holistic understanding of these powers is essential for the proper functioning of the Syariah Courts within Malaysia's dual legal system. The legislative framework aims to enable the Syariah Courts to operate with the autonomy and authority needed to address the complexities of Islamic jurisprudence, thereby reinforcing their crucial role in upholding Islamic law in the country.

[3] Moreover, the inviolability of the Syariah Courts' jurisdiction is further enshrined in art. 121(1A) of the Federal Constitution. This provision, introduced through a pivotal constitutional amendment in 1988, serves as a cornerstone in safeguarding the autonomy of Syariah Courts. It unequivocally states that civil courts, including the High Court, shall not have jurisdiction over matters within the purview of Syariah Courts. This provision was crafted with the intent of drawing a clear demarcation between the Civil and Syariah legal systems, thereby protecting the integrity of the Syariah Courts' decisions from being challenged or overturned by the civil Judiciary.

[4] In practice, this constitutional safeguard means that civil courts are limited to ensuring that Syariah Courts act within their jurisdiction. Their role is to ensure that the Syariah Courts do not exceed their prescribed legal boundaries. Beyond this jurisdictional check, the civil courts are not permitted to delve into or alter the substantive decisions made by the Syariah Courts. This principle of judicial non-interference is crucial for maintaining the independence of the Syariah Courts, allowing them to render decisions on Islamic law matters without external encroachment. This careful balance ensures a dual system where both civil and Syariah Courts operate within their respective domains, upholding the rule of law while preserving the distinctiveness of Islamic legal principles.

PENDAFTAR MUALAF NEGERI PERLIS & ORS v. LOH SIEW HONG & ANOTHER APPEAL [2025] 4 CLJ 351 (Federal Court)

Case Digest :

[1] Article 12(4) of the Federal Constitution requires the consent of both parents for the conversion of a minor to Islam. The word “parent” in art. 12(4) must be interpreted as meaning both parents.

[2] The Syariah Courts have full power to decide matters within their jurisdiction. Where, however, they act outside their jurisdiction, the civil courts retain the supervisory power to correct this error; in other words, a decision made by the Syariah Courts outside their jurisdiction could be set aside by the civil courts.

DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD YOU HAVE FURTHER QUERIES AND/OR WOULD LIKE TO HAVE THE FULL ARTICLE, KINDLY CONTACT US.