New top court will enhance shariah appeals process, says lawyers’ group

 

Prior to a recent amendment to the state constitution, the Kedah shariah court structure comprised three levels, namely the shariah appeals court, the shariah high court and the shariah lower court. (Jabatan Kehakiman Syariah Negeri Kedah web pic)

PETALING JAYA: 

The inclusion of a premier court in Kedah’s shariah judiciary structure will enhance the administration of justice by offering litigants an additional right of appeal, a lawyers’ group says.

The current shariah court structure in Kedah comprises three levels, namely the shariah appeals court, the shariah high court and the shariah lower court.

Persatuan Peguam Syarie Malaysia vice-president Moeis Basri told FMT that for cases initiated in the shariah high court, parties presently only have one opportunity to appeal.

So the rationale in introducing a shariah premier court is to have two opportunities for appeal,

 he told FMT.

Section 13 of Kedah’s Syariah Courts Enactment 2008 provides that cases involving Islamic criminal offences as well as family matters such as divorce, maintenance, inheritance, matrimonial property and custody are to be initiated in the shariah high court.

Last Sunday, Bernama reported that the Kedah legislative assembly had passed a bill to include provisions relating to the shariah court in the state’s constitution.

The Kedah State Constitution (Amendment 2024) Bill 2024, which also establishes a shariah premier court, was tabled by menteri besar Sanusi Nor and unanimously approved by all assemblymen.

Sanusi said the amendment was in line with a decree by the Sultan of Kedah, Sultan Sallehuddin Sultan Badlishah calling for the shariah court to be empowered and entrenched in the state constitution.

Moeis also said Kedah’s move to introduce an additional judicial layer was not the first of its kind. He said Perak had, in 2018, introduced a supreme court in its shariah judiciary structure.

Lawyer and former Bar Council president Salim Bashir said Kedah’s inclusion of provisions relating to the shariah court in its state constitution is consistent with the Federal Constitution.

He said Article 74 of the Federal Constitution, read together with the State List in the Ninth Schedule, prescribes that Islamic laws and matters, including the establishment of shariah courts, fall under the purview of the respective states. - FMT