Section 10
Jurisdiction of Syariah High Court
of Syariah Courts Ordinance, 2001
⎯(1) A Syariah High Court shall have jurisdiction throughout the State and shall be presided over by a Judge of the
Syariah High Court.
(2)
Notwithstanding subsection (1), the Chief Syariah Judge may sit as a Judge of the Syariah High Court and preside over such
Court.
(3)
The Syariah High Court shall⎯
(a)
in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Majlis Islam Sarawak
Ordinance, 2001 [Cap. 41], the Islamic Family Law Ordinance,
2001 [Cap. 43] or under any other written law for the time being in force which prescribes offences against the precepts of the religion of Islam, and may impose any punishment provided for such offence; and
(b)
in its civil jurisdiction, hear and determine all actions and proceedings if all the parties to the actions or proceedings are
Muslims and the actions or proceedings relate to⎯
(i)
betrothal, marriage, ruju’, divorce, annulment of marriage [fasakh], nusyuz, or 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 (i);
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(iii)
the maintenance of dependants, legitimacy, or guardianship or custody [hadanah] of infants;
(iv)
the division of, or claims to, harta sepencarian;
(v)
wills or death-bed gifts [marad-al-maut] of a deceased Muslim;
(vi)
gifts inter vivos [hibah], or settlements made without adequate consideration in money or money’s worth by a Muslim;
(vii)
wakaf or nazr;
(viii)
division and inheritance of testate or intestate property;
(ix)
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;
(x)
other matters in respect of which jurisdiction is conferred by any written law.