World Class Higher Education: USIM LAW Undergraduate 3

World Class Higher Education: USIM LAW Undergraduate 3

i. Does the civil court have the jurisdiction to preside over claims for Harta Sepencarian among muslims?
(11 marks)

Answer scheme

According to Professor Ahmad Ibrahim (1 mark)
claims relating to Harta Sepencarian among muslims (1 mark)
can now be brought only (1 mark)
in the Shariah Court (1 mark)
because of the amendment to (1 mark)
Article 121 of the Federal Constitution (1 mark)
Which provides to the effect that (1 mark)
the civil courts (1 mark)
shall have No jurisdiction (1 mark)
In any matter which falls (1 mark)
within the jurisdiction of the Shariah Court. (1 mark).


Sample answer by USIM LAW undergraduate 1050629

The civil court also have the jurisdiction to preside over claims for ‘Harta Sepencarian’ among Muslims however it is discussing in little room. This is because, the equality of division property jointly acquired between civil and syariah court is different.

For instance, the civil court may give the wife more than husband the division of property jointly acquired if the wife actively contribute her husband in money, property, or larbour towards acquiring of the assets. The civil court also may not give the wife any division of property jointly acquired if she did not active in contribute her husband in money, property, or larbour towards acquiring of the assets.

Therefore, the civil court will give the claims for ‘Harta Sepencarian’ among Muslims to Syariah Court first since it is involving Hukum Syara’.

As a conclusion, the civil court also have the jurisdiction to preside over claims for Harta Sepencarian among Muslims which is discussing in little room rather than Syariah Court which is discussing it in big room to ensure the equality of division property jointly acquired among Muslims.

[Marks earned: Zero (0) out of 11 marks]