What is appellate jurisdiction Malaysia?
The court of Appeal is an appellate court of the judiciary system in Malaysia and has jurisdiction to hear appeals against any High Court decision relating to criminal matters. In civil matters also the court of Appeal has jurisdiction to hear and determine.
What is the function of Sharia court of appeal?
(1) A Sharia Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic law. To the governments of all sharia states: Support to Sharia Courts should be increased. They handle most of the litigation in these states, especially for the poor.
What is Malaysia jurisdiction?
The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.
What is the consequence of Article 121 1A?
13 Article 121 (1A) of the Federal Constitution stipulates to the effect that the High Court shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts. State courts have jurisdiction on any matter in the State List.
What are the jurisdictions of the Court of Appeal?
THE ESTABLISHMENT AND JURISDICTION OF THE COURT OF APPEAL It is an appellate court having very limited original jurisdiction-exclusive power to hear and determine any question relating to the election, terms of office or vacancy of the office of the president and vice-president.
What is the original jurisdiction of the Court of Appeal?
Original jurisdiction of the court of appeal refers to those instances where the court has exclusive right to be the first court to sit on a particular matter. This means that the matter did not come to it from any lower court of law.
What are the jurisdiction of Sharia court?
The High Court, which exists in each state, has both unlimited original and appellate jurisdiction in respect of any civil or criminal proceedings, and at the discretion of each state a Shari’ah Court of Appeal and Customary Court of Appeal.
What is Sharia’s jurisdiction?
However, the Sharia Court Laws of the Northern States Shariah Judicial System confers original jurisdiction in all civil and criminal matters in Sharia courts. So also is the jurisdiction to hear and determine civil matters and causes where all the parties are Muslims.
What is the jurisdiction of the Court of Appeal?
The Court of Appeal is immediately below the Supreme Court but above the High Court. It hears only cases on appeal for example from the High Court, Regional Tribunal and Circuit Courts. It has both criminal and civil jurisdictions but no supervisory jurisdiction and no original jurisdiction.
What is the position of Islamic law in Malaysia?
In Malaysia, Islamic law and customary law were the law of the land long before English law became prominent, as under the current system. According to the Federal Constitution, Islamic law is a matter falling within the State List, meaning that the State Legislatures are empowered to enact the law.
What is Malaysia Federal Constitution?
The Federal Constitution of Malaysia (Malay: Perlembagaan Persekutuan Malaysia) which came into force in 1957, is the supreme law of Malaysia and it contains a total of 183 Articles.