Malaysia legislation
Section 17
Section 17
(2)
Notwithstanding subsection (1), the Syariah High Court may be presided over by the Chief
Syar 'ie Judge.
(3)
The Syariah High Court shall
(a)
in its criminal jurisdiction, try any offence committed by a Muslim and punishable under any written law prescribing offences against the precepts of the religion of
Islam for the time being in force, and may impose any punishment provided therefor;
and
(b)
in its civil jurisdiction, hear and determine all actions and proceedings, pertaining to
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(i)
betrothal, marriage, dowry, divorce, ruju’, annulment of marriage
(fasakh), nusyuz, judicial separation (faraq) or any other matter 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 (b)(i);
(iii)
legitimacy or guardianship or custody (hadhanah) of infants;
(iv)
guardian of child property;
(v)
the maintenance of dependants;
(vi)
nasab;
(vii)
the division or claim of harta sepencarian;
(viii)
wills or gifts (hibah) or settlements made without adequate consideration in money or money's worth by a Muslim;
(ix)
nazar or matters relating thereto;
(x)
succession off estate, testate or intestate, and matters relating thereto including appointment of Wali Harta and
Wasi;
(xi)
the determination of the persons entitled to share in the estate of a deceased Muslim or the shares to which such persons are respectively entitled and matters relating thereto;
(xii)
a declaration that during a person's lifetime or death, he is a Muslim or otherwise;
(xiii)
adoption of child and for matters relating thereto;
(xiv)
a charitable and religious trusts and noncharitable trusts;
(xv)
zakat, fitrah and baitulmal or similar Islamic religious revenue;
(xvi)
mosques or any public places of worship for Muslim;
(xvii)
funeral arrangement and burial grounds for Muslim subject to any other written law; and
(xviii)
other matters in respect of which jurisdiction is conferred by any written law.
(4)
For the purpose of this section, "Wali Harta" and "Wasi” means Wali Harta and Wasi in accordance with Hukum Syarak.
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Appeal to Syariah High Court