1. After 10 years of marriage, Ana and Ahmad decided to divorce.

Ana subsequently filed a

claim for matrimonial property against Ahmad for a house registered under Ahmad's
name. The estimated value of the house was RM500,000. According to Ana, she contributed
a sum of RM200,000 for the renovation of the house.

Identify which Shariah Court in the Federal Territories that has the jurisdiction on the
above case.

The main issue is which Syariah Court has the rightful jurisdiction to adjudicate Ana and
Ahmad’s case.

Islamic matters of the Federation have been generally established in Schedule 9, List 2 Item 1
that it is under the power of each State. Specifically, Article 121(1A) of the Federal Constitution
establishes that exclusive right has been given to the Syariah courts which are divided into the
Appeal Courts, High Courts and Subordinate Courts to administer such laws and only when the
parties to the dispute profess Islam as their religion.

The main aspects that Syariah Courts will touch on include civil and criminal offences whereby
the former referring to betrothal, marriage, divorce, termination of marriage and any other
offences stipulated in the State’s enactments. The latter on the other hand is clarified under
Section 2 of the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) which shall amount
to the either punishment of imprisonment up to 3 years, fines reaching RM5000 or canning with
a maximum of 6 strokes or any of the above.

In regards to the Syariah Subordinate Court, civil cases filed can only be dealt with if the matter
is stated in the State enactment and shall be presided by a judge of the Syariah Subordinate Court
as per Section 47 the Administration of Islamic Law (Federal Territories) Act 1993. It shall not
decide on a dispute when the subject matter exceeds the value of fifty thousand ringgit. The High
Court can hear and decide on civil matters as mentioned in Section 46(b) of the Act which
includes divorce cases as well as the division of matrimonial property exceeding fifty thousand
ringgit.

Applying these provisions to the current case between Ana and Ahmad, the High Court may
have the rightful authority to adjudicate their case. This is due to the fact that divorce cases are
mentioned under Section 46(b)(i) of the Administration of Islamic Law (Federal Territories) Act
1993 as the civil jurisdiction of the Syariah High Courts. Additionally, by applying Section 47 of
the same Act, the value of the matrimonial property to be decided which is the house under
Ahmad’s name amounting to RM500,000.00 exceeds the value to be adjudicated under the
Subordinate Courts.

Thus, Ahmad and Ana’s case shall fall under the civil jurisdiction of the Syariah High Courts.
2. Raj, who is a converted to Islam from Hindu, decided to renounce from Islam.

Identify which Court that can hear the matter.

The general issue is which Court has the rightful criminal jurisdiction to decide on Raj’s case.

The criminal jurisdiction of each of the Subordinate, High and Appeal Syariah Courts differ
according to the offence committed. The subordinate courts have the authority to hear criminal
matters mentioned in the enactments of the State where the case has been filed in order to
determine aspects of the case. Such cases may have the maximum punishment of two thousand
ringgit as well as a term of one year of imprisonment or both together as stipulated in Section 47
the Administration of Islamic Law (Federal Territories) Act 1993. The Syariah High Courts on
the other hand has the lawful jurisdiction to try any offences committed by a Muslim under the
State Enactment or any other written law which prescribes offences against the percepts of Islam
as stated in Section 46 of the Act which also includes governing a declaration that a person is no
longer a Muslim.

Thus, applying these principles to the current case, Raj’s case falls under the jurisdiction of the
Syariah High Court at it has been stipulated in Section 46 of the Administration of Islamic Law
(Federal Territories) Act 1993 that any offences that are against the percepts of the religion shall
be heard under the Syariah High Court. Renouncing Islam has the tendency to create a bad
perception from the society and is taken into great consideration in Islam itself. It requires a very
specific procedure to settle including the legal trial and also the counselling from experts.
Furthermore, it is an offence exceed the amount under the authority of the Syariah Subordinate
Courts.

Therefore, Raj’s case of renouncing Islam shall fall under the criminal jurisdiction of the Syariah
High Courts.