Resolving Jurisdictional Dilemma In Recent Religious Disputes By Legal Mechanisms
ABSTRACT
The duality of the Malaysian legal system has resulted in an ongoing jurisdictional conflict between the Civil Court and Syariah Court throughout the years. Jurisdictional dilemma will usually occur when one of the parties initiates legal action in a Civil Court instead of a Syariah Court, which has jurisdictional power pertaining to Islamic law and religious matter. The objective of this paper is to study how to resolve jurisdictional friction between the two courts by discussing the development of juristic approaches when clashes of jurisdiction are involved. Specifically, the jurisdictional dilemma will be critically analysed based on selected court cases. Thus, the authors have adopted descriptive, analytical and doctrinal legal methods for the purpose of discussing the issue. The paper, suggests practical solutions to avoid further conflict in the future by using legal mechanisms available will also be appraised.
Keywords: conflict of jurisdiction, Syariah Court, Civil Court, precepts of Islam
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