Syariah Court Group 5

7/30/2019 Syariah Court Group 5

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SYARIAH COURT


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MEMBERS OF GROUP FIVE


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THE ROLE OF SYARIAH JUDICIARY INTHE ADMINISTRATION OF THE

MUSLIM LAW

Introduction Islamic Law andMalay CustomsFederalConstitutionEnhancement ofSyariah JudicialStatusStructure andAppointmentJurisdiction


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Introduction

Article 3 of the Federal State Legislatures are empowered to enact the law

dual parallel justice systems

all matters pertaining to Islamic law and Muslims shallonly be heard in the Syariah court

Civil and Criminal law are within the FederalGovernments jurisdiction, except on criminal offences,which effect Muslims as listed in the State List.

The rules of Syariah are sets by various sultans, whoserve as Head of the Islamic religion in their respectivestates


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Islamic Law and Malay

Customs

Shaik Abdul Latif & Others v Shaik Eliasd Bux

(1915) 1 FM SLR 204.

Ramah v Laton (1927) 6 FMSLR 128.

The majority of Court of Appeal in the Malay Statesheld that Islamic law is not a foreign law but it is the

law of the land. Therefore, it is the duty of the courts

to declare and apply the law and it is not competentfor the courts to take evidence on what the Islamic law

is.


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The Courts Ordinance 1948 (No. 43 of 1948) removed the Syariah Courts from thestructure of courts under the Ordinance and they ceased to be federal courts

a dual system of courts was set up in West Malaysia that is the Civil Court and theSyariah Courts.

The Determination of Muslim Law Enactment 1930 gave this power but it wasterminated when the legislation for the administration of Muslim law was enacted inthe States and the Syariah Courts is set up to deal with cases under the enactments.

judges of the civil courts felt that they were incompetent to deal with the questions ofIslamic law ___power to refer questions of Islamic law and Malay customs to the

State Executive Council of the various states in Malaysia.


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Federal Constitution

Position of the Syariah Judges and the officers

were truly subordinate before the

independence and while the Malay States is still

under the influence of the British when Malaysia achieved the independence

Federal List in the 9th Schedule of the FC

State List in 9th Schedule of the FC


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1. from the State List, we can observe that thejurisdiction given to the State and the SyariahCourts is very limited.

2. succession, testate and intestate, the accounthad to be taken of the Probate andAdministration Act 1959 and the Small Estates(Distribution) Act 1955 with the result theKadhi is only given the function of certifyingthe allotted shares as per thefaraid.


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3. in the field of criminal jurisdiction, SyariahCourts only has jurisdiction over the persons

professing the religion of Islam and in respect

of offences as conferred by Ninth Schedule inList II of the Federal Constitution.


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Up until 1984, the Muslim Courts (CriminalJurisdiction) Act 1965 - such jurisdictions shouldnot be exercised in respect of punishable withimprisonment not exceeding 6 months or finenot exceeding RM1000, 00 or with both

Amended on 1984, Muslim Courts Act 1984shas been extended by giving them the power to

deal with cases punishable up to three years orfine up to RM5000 or whipping up to six strokesor the combination of all these.


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Syariah Courts case decisions had highpossibilities to be overridden with the decisions

of the civil court.

Example:

jurisdiction of the Kadi Besar

s. 45(6) of Selangor Administration of Muslim

Law Enactment 1952


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decisions of the Civil Courts would prevail overthe decisions of the Syariah Courts and the

rulings of the Mufti,

Parliament had amended Article 121 of theFederal Constitution - Civil Courts shall not

exercise jurisdiction in a case where the Syariah

Court has been given jurisdiction


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Mohamed Habibullah v Faridah (1992) 2 MLJ793.

Lim Chan Seng v Pengarah Jabatan Agama

Islam Pulau Pinang (1996) 3 CLJ 231


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Enhancement of Syariah

Judicial Status

Committee under the Chairmanship of the late Tan SriSyed Nasir Ismail :

1. Syariah Court should be separated from the Council ofMuslim Religion in the States and be independent

2. Steps must be taken to improve the training andrecruitment of the Syariah judicial and legal officers

3. Some steps must be also taken in order to improve thefacilities in the Syariah Courts especially in regards to

the Court building, supporting staff and the facilities. Government generally accepted


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Structure and Appointment

Syariah Courts with a three-tiered court system,namely the Syariah High Court, the Syariah

Subordinate Court and the Syariah Appeal

Court. The Chief Syariah Judge is the head of the

Syariah Courts and the Chief Syariah Prosecutor

has the power to institute, conduct ordiscontinue any proceeding for an offence

before a Syariah Court.


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The Sultan upon the advice of the Majlis mayappoint the Chief Syariah Judge, the Judges ofSyariah Appeal Court, and the Judges of SyariahHigh Courts.

The other appointment other than Chief SyariahJudge, the Majlis will consult the Chief SyariahJudge.

The Judges are appoints with the requirements ofbeing familiar with the knowledge of Islamicprinciples and law


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Jurisdiction

s.2 of the said Act, the Muslim Courts (CriminalJurisdiction) Act 1965 [Act 23/65]


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Duties and responsibilities of thejudges, prosecutors and shariah

counsel


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Syariah lawyers, means a lawyer who represents his clients in anycase such as civil cases, criminal, or other that lies under thejurisdiction of the Syariah Court.

Majlis Agama Islam may admit any person having sufficientknowledge of Islamic Law to be Peguam Syarie to represent partiesin any proceedings before the Syariah Court

Syariah lawyers in the Syariah Court is based on the principle ofbial-khusumah wakalah . Wakalah, is an Arabic word meaning tokeep, complete and submit.

When someone is said to be `representative' its means a person isa guardian, guarantor or complementary or handed him a case to

do.Wakalah bi al-khusumah is the person representing anotherperson in the course of prosecution and claims before a judge,either in court proceedings or matters relating to the disputed case


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Syariah lawyers have a particular task and its main task is to representthe parties involved in the hearing to attend on their behalf, to defendcustomer orally or in writing

the shariah lawyers have the responsibility to assist the court touphold justice by putting the right to those who deserved it.

Legal Profession (Practice & Etiquette) 1978 laid down minimum

standards of conduct yo the advocate and solicitors. The conduct of theshariah officers like the judges, prosecuters and the shariah counsel aregovern by the Shariah Lawyers Codes of Ethics.

It was developed by the Department of Syariah Judiciary (JKSM) andwas published 2002 and expected to be applied to all the sharaihlawyers and prosecuters.

The Peguam Syarie Ethics Code produced by JKSM was a modified andsimplified version of the Bar Councils Legal Profession (Practice andEtiquette) Rules 1978 (LPPER) and it had to be further modified totake into account the modern publicity (i.e., advertising) rules adoptedby the Bar Council. So, there are similarities between civil and shariah

ethical standard as well as the differences.


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The purpose of this Code is to preserve ethics ingeneral which is to the profession, to the clientand to justice. The lawyers have to adpot andadhere the modes of practice which are fair and

just several principles of shariah adcocatory:

good behavior and character,

sincere,

honest and trustworthy, not to accept bribe,

not to waive any right of his client without hispermission and

to seek knowledge continously.


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Section 3 of the Code explianed about the good behaviour. Attitudeand character that the shariah lawyers should have. This provisionstates that Syariah lawyers must have morals, attitudes andbehaviors that honor,and in carrying out the duties and role must betrustworthy, honestand in good faith to uphold justice.

The lawyers also shall acting with ail due courtesy, fearlessly upholdthe interest of his client, theinterest of justice and dignity of theprofession without regards to any unpleasant consequenceseither tohim or to any other person.

Besides that, they have the duty to act with diligence andcompetence. They are required to complete any work as soon as is

reasonably possible and required to inform the client if they are notpossible to do so.

It is clear as stated in Rule 6 where the lawyers is not requires torepresent if unable to appear on behalf oh his client. This is impirtantto avoid unnecesary works because they hold moral responsibility.


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Rule 16 LEPPER: to conduct with candour, courtesy andfairness

Rule 42 LEPPER: the duties and responsibilities not tocommunicate with client of another shariah lawyer

Rule 54 : the lawyers should not appear for partyrepresented by another lawyer

Rule 23: is is clear stated that the lawyers have the duty ofdisclosure. They gave to supply to the court all theinformation as to the probable length of a case and

possibiity of a settlement. Rule 25: prohibited from concealment of fact

Rule 26: not to mislead. Any information given by thelawyers should be reliable and not misleading.

Rule 35 : confidentiality


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In most states, the chief Syariah prosecutor is appointed by the sultan onthe advice of the Majlis Agama Islam.

The qualifications for the chief Syariah prosecutor generally must be equalto that of a Syariah high court judge.

In most states, the Majlis Agama Islam is supposed to appoint fit andproper persons to serve as Syariah prosecutors who can assist the chiefSyariah prosecutor (Section 58 of the Administration of Islamic Law(Federal Territories) Act 1993, Act 505 of 1993)

All of Malaysias states (and the Federal Territories) have a chief Syariahprosecutor with discretionary power over all prosecutions for violation ofthe states Islamic criminal codes. He is assisted in his work by assistant

Syariah prosecutors. The chief Syariah prosecutor makes decisions about prosecutions based on

the investigation conducted by a special Syariah enforcement agency thatis run by the state. However, decisions on whether to prosecute aparticular case are ultimately made by the chief Syariah prosecutor.


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The duties and responsibilities of the judges in shariah court has beendiscussed in the Kod Etika Hakim Sharie. This code laid down the duties ofthe sharie judges in and out of the court.

This Code of Ethics shall apply to a Judge during service time. The violationof any provision of this Code by the judge, he shall be convicted of anoffence.

Section 3: ethical codes of the sharie judges outside the shariah court. cannot behave in such a manner that may cause reasonable suspicion that he

has allowed his personal interests conflict with judicial duties to the detrimentof his position as a Judge, or

he used on his judicial position for his benefit.

The judge did not allowed to behave dishonestly or in such a manner as that

may aggravate or worsen or discredit Court Shariah. the judge have the duty not to mix freely with the public in a way that raises

suspicion about her ability to be fair in the judicial task and accept any gift,when a gift is in any way connected with the implementation of judicial dutiesor involve in other irrelevant matter like stated in the code.

others


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Section 4: responsibility to behave in such a goodmanner in the court

where a judge is in the Court and hearing case he shall administer justice as required by Islamic Law,

carrying out their duties in accordance with and givejudgment based on the relevant laws,

do not try any case in which the parties involved areenemies or other person who is likely to influence thejudicial task as a Judge,

ensuring that the proceedings in the Court conductedproperly according to the rules of Court and control thesituation so that the trial could run smooth and others.

others


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Section 6: The judge in deciding the case in

court cannot delay the giving of the

judgement without reasonable reason.

Section 7: The judge also have to declare all

his assets to the Chief Judge in accordance

with the applicable regulations at the time of

his appoinment as judge or at any time


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Lawyer from Islamic perspective


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During the Muhammad s.a.w period, lawyer is considered as an importantpart in society. For example, Sayyidina Ali released a woman from being

charge of adultery after she confess that shes committing adultery. This

shows that, the role of lawyer exist since early period of times. Lawyer from

the Islamic perspective, hold the responsibility to carry out justice among

society, even so to provide equal punishment commit by the accuser.Therefore, the objectives of obtaining justice are able to be accomplished in

time.

Basically, syarie lawyer is a person defending their clients in syariah court

according to the branches. Usually, their clients are hoping for a full service

from their lawyer. Therefore, the competencies of the Syarie Lawyer areessential in order to carry out Muslim law, where the message from the

divine sources able to be translated. Therefore, Muslim lawyer must carry out

their duty to provide fairness to the parties in disputes. As for the matter,

roles of the Muslim lawyer is to promote justice and to fight injustice.


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Syariah and Islamic Law are provided as a Muslim guideline inorder to promote justice. Islam also promote rights of individual.

Ones are given the right to protect themselves from committing

any offences. Islam will not tolerate in promoting justice. Muslim

God, Allah saidSay it (Muhammad): I swear to all holy book provided by Allah

and I was ordered to provide fairness among you (surah As

Syura: 15).

Even though, the word is pointed to Muslim Prophet,Muhammad, but the concept our fairness are widely translated

to the whole humankind. The role of justice are including trial,

heard, case, fact, statement while in proceeding. Becoming fair

in all conduct is essential in Islam.


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Other than that, syarie serve truth, Syarie also serves against all forms ofoppression. This is because Islamic law is intended to provide justice and

avoid injustice, individual interests must be protected as well as the interests

of society, individual rights are guaranteed, protected and defended, and

every violation and injustice should be avoided and eliminated. Word of God

says:

"And Allah S.w.t likes not the transgressors" (Sura A-li Imran: 57).

Thus, the Quranic verses that explain how Islam abhors violence in all forms

of tyranny must be eradicated and removed. As was explained that Allahordered Mutlaq upheld justice, injustice eradicated and thus eliminated.

More away from it, Islam also forbids us from helping the people in the act

cruelly unjust.


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By referring to the word of Allah,"We have sent down to you (O Muhammad) the Book (the Qur'an) in truth,

that you may judge between people by that which Allah has shown

(through revelation), and do not be an advocate for those who commit

treason" ( Surah An-Nisaa: 105).

This verse clearly states that we should punish based on God's law, becausethis law is the guarantee of justice. At the same time, we are prohibited from

defending the wrong people. Based on the above verse, it clearly stated Islam

not only against the tyranny but are also against the acts and actions aimed

at helping people who want to continue the cruel tyranny, to help them, then

do injustice, sympathetic, conspired and agreed with tyrants is illegal. Islamicattitude towards those who defend this injustice is clear that such acts are

sinful and cruel. In having foundations to stand for justice and oppose all

forms of injustice, with the syariah lawyers have a great role in the Court.

Syarie duties as officers of the Court are to assist the Court in order to punish

a fair, accurate and effective.


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Lawyer in Syariah Court


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As the law concern, jurisdiction andadministration of syariah court depended on the

state. It is fall under Federal Constitution that

conferred the power of administration ofreligion including syariah court under the Rulers

except for Federal Territories, Sabah, Sarawak,

Penang and Melaka. Therefore, the conditions

to become the lawyer in syariah court might

different from one state to other.


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In these Act, Syarie lawyer be mention as Peguam Syarie. PeguamSyarie is the person who be given by the right by any rule in any state

to appear and represent his client in syariah court, Appeal Syariah

court. Thus it is same as a civil lawyer who is given right to represent

his client and to appear before a judge to presenting case. For the

purpose of research, it would like to refer Section 59 of the Act undersubsection 1, subject to subsection 2, Majlis may admit any person

who has sufficient Islamic knowledge to become a Peguam Syarie to

represent parties in court. Majlis with the approval of Yang DiPertuan

Agong may make rules for the procedure, qualification, and fees for

the admission of Peguam Syarie and to regulate, control and

supervise the conduct of peguam Syarie. Majlis here is defined as

mention in section 2 as Majlis Agama Islam Wilayah Persekutuan.


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The competency to become syarie lawyer


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FEDERAL TERRITORIES

Rule 10, Rule of Syarie lawyer 1993 (P.U. (A) 408/1993) Administration OfIslamic Law (Federal Territories) 1993

Lay down criteria to be qualified as syarie lawyer. First, he must be a Muslim

and pass the final examination which lead to the certificate of the Bachelor in

Syariah from any university or any Islamic education institution recognized bythe Government of Malaysia, or second he must be a Muslim member of the

judicial and legal service of the Federation, or thirdly he is a Muslim advocate

and solicitor enrolled under the Legal Profession Act 1976, or forth, the

person has served as a Syariah Judge or as a Kadhi with any State

Government in Malaysia for a period of not less than seven years. In additionhe need to attained the age of twenty-one years, good behavior, never be

convicted in Malaysia or any elsewhere of any criminal offence, he has never

been adjudged a bankrupt, Malaysian and an advocate and solicitor, has

passed the syarie lawyer examination.


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SELANGOR

Section 80 Enakmen Pentadbiran Agama Islam Negeri Selangor 2003

Under this section, it has laid down the condition to be appointed as a

syarie lawyer. Under subsection (2), (3) and (4), Majlis can accept any

person who has knowledge in the Islamic law to represent the party in

the court proceeding. Under subsection 2, Majlis can make the rule

under the assent of Sultan to make a rule regarding the qualification,

fee and procedure of admission as syarie lawyer. In addition in

subsection (b) it gives the power to Majlis to make the rule to control

the action and behavior of Peguam Syarie. However, in section 80(3) itstated any of member of Judiciary and Legislative Service and person

appointed under section 3 of Legal Bureau 1971 may be appear

representing party in the Syariah Court.


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TERENGGANU

In Terengganu, there is no qualifying board or Peguam Syarie committee establishedunder its rules, instead it is the Majlis (State Religious Council) itself which ensures

compliance with the rules.

According to r. 3 ofPeguam Syarie Rules in 1987, no person is allowed to appear as a

Syarie lawyer in any Syariah Court in Terengganu unless he has been issued a

certificate as a Syarie lawyer. To apply for such certificate, the applicant must have the

following attributes and/or qualifications which stated under rule 5

1) has a good personality;

2) resides in Malaysia;

3) is a Muslim;

4) has knowledge in Hukum Syara;

5) has been conferred authority to teach the Islamic religion in the state or any state in

Malaysia or has obtained a Degree or Diploma from an Islamic University or any

university or college;

6) is conversant in Bahasa Malaysia;

7) has basic knowledge concerning Court procedure.


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KEDAH

The Peguam Syarie Rules, 1988 of Kedah are somewhat similar to the Johor PeguamSyarie Rules, 1982 except that in the definition of a qualified person express

specification is made that each category of person should be a Muslim. There is also

an additional category of a qualifiedperson, namely:

"a person who has served in the field of prosecution and has been affirmed by the

Kedah Religious Affairs Department and consented to by the Sultan of Kedah for a

period of not less than three(3) years.

Therefore, unlike other states, Syarie prosecutors are also qualified to apply in Kedah.

A noteworthy feature in the Kedah rules is that under the definition of qualified

person and r. 9, all the categories of qualified persons must have passed the Peguam

Syarie exam.

The rest of the procedure to obtain the Peguam Syarie Certificate is similar to otherstates but a notable difference is the registration fee of RM 120 to obtain the

certificate, which is relatively expensive if compared to other states.In Kedah also,

there is no requirement that a Syarie lawyer be admitted in the Syariah High Court.


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KELANTAN

Kelantan Peguam Syarie Rules, 1988The word qualifiedperson is defined with reference to s. 18(2) of the Administration

of Syariah Court Enactment 1982. Under the said Enactment, those who are

considered qualified to apply to become Syarie lawyers in Kelantan are:

(a) Those who hold a Degree in Syariah from any institution of higher learning recognized

by the Government; or

(b) Those who have served as a Syariah Judge for a period of not less than 10 years.

From the above, it is apparent that the categories of persons who can actually apply to

become Syarie lawyers are strictly narrow and there is no mention of advocates and

solicitors. Stress is instead placed on academic qualifications in the Syariah or vast

experience as a Syariah Judge. Indeed, Kelantan has the strictest qualifications

compared to other states.It is also an express requirement that the qualified applicant should be a Malaysian

muslim who has reached the age of twenty-one(21) and has not been convicted of any

criminal offence.


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PAHANG

. The requirements to become a Syarie lawyer in Pahang is a combination of therequirements in Johor, Selangor and Kuala Lumpur. Rule 9 provides (to the effect) that

the applicant must fulfill the following requirements:

(i) is a Muslim and has passed the final examination leading to a Degree in Syariah from

Al-Azhar University or any Islamic institution of higher learning recognised by the

Malaysian or state government; or

(ii) is a Muslim advocate and solicitor registered under the Legal Profession Act, 1976; or

(iii) has served as a Syariah Judge with any state government in Malaysian for not less

than seven (7) years.

(b) has attained 21 years of age.

(c) is of good conduct and -

(i) has never been convicted in Malaysia or elsewhere for any criminal offence; and

(ii) has never been adjudged a bankrupt;

(d) is a citizen or a permanent resident of Malaysia;

(e) as an advocate and solicitor, has passed the Peguam Syariah Certificate examination.


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CASE

Victoria Jayaseele Martin v Majlis Agama Islam Wilayah

Persekutuan & Anor (2011) 7 CLJ 233

This case is about the rejection application toward applicant to become a

Syarie Lawyer. The ground of rejection is applicant not professed Islam and it

is against rule 10 of the Peguam Syarie Rule 1993 mandating only Muslim canbe admitted as a syarie lawyer. Argument here are (i) whether rule 10 is ultra

vires to Administration of Islamic Law (Federal Territories) Act 1993, (ii)

whether said provision is in contravention of article 8(1) and/ or article 8 (2)

and/ or article (5) and/or art 10(1)(c) of the Federal Constitution therefore

void.

Argument here are (i) whether rule 10 is ultra vires to Administration of

Islamic Law (Federal Territories) Act 1993, (ii) whether said provision is in

contravention of article 8(1) and/ or article 8 (2) and/ or article (5) and/or art

10(1)(c) of the Federal Constitution therefore void.


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HELD: the needed for applicant to haveknowledge in Islamic because it will deal with

the Islamic Religion matter. Therefore we can

conclude that under Federal Territories, it isneeded that the person should be a Muslim and

it is discretionary power of Majlis to lay down

the conditions that may fit and relevant to

govern the profession.


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Book:

Ahmad Mohamed Ibrahim and Abdul Monir Yaacob, eds., The Administration of Islamic Laws: Syariah Courts in

Malaysia: Past, Present and Future by Abdul Monir Yaacob (Malaysia: Institute of Islamic

Understanding Malaysia, 1997) 21-38.

Farid Sufian Shuaib, Tajul Aris Ahmad Bustami and Moh Hisham Mohd Kamal, Administration of Islamic Law in

Malaysia, Text and Material: Chapter 5; Administration of Syariah Courts (Malaysia: Lexis Nexis, 2nd

Edi), 385-433.

Ong Kok Bin, The Civil Court in Action: The Judicial System of Malaysia; The Syariah Court(Malaysia: PelandukPublications M Sdn Bhd, 1995), 21.

The Malaysian Legal System: The Syariah Courts (Malaysia) 43-53.

Online sources:

http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/Federal_PU_Original.nsf/86f5b60153c338334

82572f9002af07d/254c084824fdc1d04825703d00026675?OpenDocument (accessed on 1st October

2012) Sharifah Zubaidah bt Syed Muhammad Kader.How to Become Syarie Lawyer. [1995]1 CLJ cxlix (Feb).

http://www.cljlaw.com.eserv.uum.edu.my/membersentry/articlesdisplayformat.asp?A_1995_30;lawye

r%2Bsyariah%2Bcourt (accessed on 1st October 2012)

http://www.esyariah.gov.my/portal/page/portal/Portal%20E-Syariah%20BI/Portal%20E-

Syariah%20Permohonan%20Peguam/Portal%20E-Syariah%20Peguam%20Syarie%20WP/Portal%20E-

Syariah%20Peguam%20Syarie%20Kedah (accessed on 1st October 2012)


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Section from a Book: Abdul Monir Yaacob, Shariah Courts in Malaysia: Past, Present and Future in The

Administration of Islamic Laws: Administration of Syariah Courts, eds., Ahmad Ibrahim & Abdul

Monir Yaacob, 389 (Malaysia: IKIM, 1997).

Ahmad Ibrahim, The Future of the Syariah and the Syariah Courts in Malaysia in The

Administration of Islamic Laws: Administration of Syariah Courts, eds., Ahmad Ibrahim & Abdul


Ahmad Ibrahim and Ahilemah Joned, The Malaysian Legal System 2ndEd 1995 in TheAdministration of Islamic Laws: Administration of Syariah Courts, eds., Ahmad Ibrahim & Abdul


Journal Article:

Ahmad Ibrahim, Islamic Law in the Syariah Courts IIUM Law Journal, no. 6(1998): 143.

Ashgar Ali Ali Mohamed and Ahmad Ibrahim, Professing Religion of Islam as the Requirement to be aSharie Lawyer: With Reference to the Case of Victoria Jayaseele Martin v Majlis Agama Islam

Wilayah Persekutuan & Anor,No. 3 ShLR [2012]: xx.

Nik Ahmad Kamal Nik Mahmod, The Jurisdiction of the Syariah Court-A Comparative Study IIUM

Law Journal, no. 3(1) (1993): 53.

Paizah Hj. Ismail, Pentadbiran Undang-Undang Jenayah Islam di MalaysiaJurnal Syariah, No 1(2)

(1993): 299.


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REFERENCES

Statutes Enakmen Pentadbiran Agama Negeri Selangor 2003

Administration of Islamic law (Federal Territories) 1993

Peguam Syarie Rules 1987

Peguam Syarie Rules in 1987

Peraturan-peraturan peguam syarie 1995

Cases

Victoria Jayaseele Martin v Majlis Agama Islam Wilayah Persekutuan & Anor. (2011) 7 CLJ 233

Mohamed Habibullah v Faridah (1992) 2 MLJ 793.

Lim Chan Seng v Pengarah Jabatan Agama Islam Pulau Pinang (1996) 3 CLJ 231 Shaik Abdul Latif & Others v Shaik Eliasd Bux (1915) 1 FM SLR 204.

Ramah v Laton (1927) 6 FMSLR 128.

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