Introduction

Syariah court are established by state law except in the Federal Territories of Kuala
Lumpur, Labuan, and Putrajaya. In the Federal Territories, it is established by federal law.
Syariah court deal with islamic law and having jurisdiction upon every Muslim in
Malaysia. Every syariah court have jurisdiction over their respective state only. Since the
syariah court and islamic law are state matters except for federal territories, there is no
uniformity of administration of islamic law and syariah court throughout the Malaysia.
In the Islamic legal system, the jurisdiction of the Syariah Court is referred to as 'alwilayah', which is the right and power to hear and decide cases. If the Court does not
have jurisdiction, then the court can not make any decision on any trial.Because Malaysia
practice the dualism of legal system, then with this power or jurisdiction we actually
should not have any conflicts in determining the power to hear and decide any case.
Certain jurisdictions may also determine the cases to be tried by the Subordinate Courts,
High Court and the Syariah Appeal Court.
The civil jurisdiction of syariah court is limited to matters stated in Item 1 of List 11 of
State list under the Ninth Schedule in Federal Constitution for example jurisdiction
relating to family law. Syariah court do not have criminal jurisdiction except been
determined by the Syariah Court Criminal Jurisdiction Act 1965 (Amendment 1984). It
provides that the Court may impose a maximum sentence of RM5000.00 fines, or
imprisonment of up to three years or lashes 6 times or combination of penalties
applicable. The offences may be prescribed by any written law. States have enacted
legislation creating these offences.
For the case, it is common for one trial took a long time, because there are too many
issues to be resolved. Throughout this period, many things arise that need to be resolved
by the courts. If not resolved, will lead to unfairness and injustice to the parties involved.
Therefore, the law provides space for the parties involved, while waiting for a clear
decision from the court is authorized to make application for a while, while the trial run.
For instance, it is very reasonable for a woman to seek injunction against her former
husband not to disturb her. Similarly, in order to apply for a restraining order to jointlyowned property is not permitted to engage in any transaction.

In a civil courts there are generally two types of trials, criminal and civil. The
hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court
of Appeal, and finally, the Federal Court.The jurisdiction of the courts in civil or criminal
matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature
Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate
jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus
this creates two separate local jurisdiction of the courts for Peninsular Malaysia and for
East Malaysia.

References
1.Legal Research Board, . (2012). Federal Constitution. International Law book Services
2. Hamzah, W. (2009). A first look at the Malaysian legal system. Shah Alam, Selangor
Darul Ehsan: Oxford Fajar.