Syariah and civil court conflicts


IN any country with legal pluralism, that is, more than one system of laws and courts, some jurisdictional conflicts between the various courts are bound to arise. In our legal system, the problem is compounded by a federal-state division of legislative power under a supreme Constitution.

Inevitably, issues arise, now and then, about whether a matter falls within the competence of a civil or a syariah or a native court. The exclusive power to determine this dispute belongs to the Federal Court under Articles 4(3) and 128(1). Decisions can go either way.

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