In Malaysia, there are three types of Syariah courts which are Syariah Court of Appeal, Syariah High Court and also Syariah Subordinate Court. First, the Syariah Court of Appeal has two jurisdictions. The first jurisdiction is the appellate jurisdiction. With respect to appellate jurisdiction, the Syariah Court of Appeal may hear any appeal against decisions of the Syariah High Court made in the exercise of its original jurisdiction. In addition to this, it may also hear and decide any question of law of public interest which has arisen in the course of an appeal against the decision of a subordinate Syariah court before the High Syariah Court and the decision of which by the latter influenced the outcome of the appeal. The hearing and determination of this matter by the Syariah Court of Appeal is, however, subject to the granting of leave by the court. Hence, the second jurisdiction for the Syariah Court of Appeal is the supervisory and review jurisdiction. Under this jurisdiction, the Syariah Court of Appeal may request and examine, at any stage or any proceeding (civil and criminal) in the Syariah High Court, the records of such proceedings and give such directions as justice may request. He may do so ex officio or at the request of one of the parties. In this situation, proceedings in the Shariah High Court will be stayed pending further orders of the Syariah Appellate Code. On the other hand, the Shariah High Court has three jurisdictions. First, the original jurisdiction of the Syariah High Court covers both civil and criminal cases. In respect of civil cases, the court may hear any matters listed in section 46 (2) (b) of the AIL (FT) Act 1993. These matters concern family law and p...... half of the document... ...g to the civil court. In recent years, when the Syariah courts have been treated as inferior courts and neglected in many ways, there were undoubtedly reasons to make excuses for the justice system in the Syariah courts. Now, if we refer to the current Syariah court system, they have become better organised, equipped and respected and the Syariah courts are able to showcase their capabilities. Simply put, Syariah courts must demonstrate that they are capable of giving fair and equitable justice to the public. The Syariah Courts must also demonstrate that they are capable of achieving what is stated in the Holy Quran: “Allah has commanded you to return your deposits to those to whom they are due and when you judge between men, judge with justice. Truly, how excellent is the teaching he gives you. Because Allah is the One who hears and sees all things.”
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