ISU-ISU SEMASA BIDANGKUASA MAHKAMAH SYARIAH: SATU SOROTAN DALAM KES JENAYAH SYARIAH (LIWAT)
Abstract
The issue regarding jurisdiction of sharF'ah courts in Malaysia is
never ending. There have been cases in the past, whereby civil
courts interfered with the jurisdiction of shart'ah courts, not to
mention those decided after the amendment of Article 121(1) of the
Federal Constitution. The amendment took place with the purpose
of taking away the civil courts' jurisdiction over matters within the
former 's jurisdiction. Recent developm.ent whereby civil courts
claiming its' jurisdiction over shari'ah courts in "liwii( case, is
totally unbecoming. In truth, there are specific provisions for
"liwii(' under every states Enactments and yet the civil courts retained
their jurisdiction. This article highlights the "liwii( offence
and the issues surrounding the cases decided recently. Whether
these cases hampered the amendment to Article 121 (1) of The
Federal Constitution or not is yet to be seen.
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