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Syariah Courts (Criminal Jurisdiction) Act 1965 (Revised 1988)

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Act 355

SYARIAH COURTS

(CRIMINAL JURISDICTION)

ACT 1965

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2 Laws of Malaysia ACT 355

SYARIAH COURTS (CRIMINAL

JURISDICTION) ACT 1965

First enacted ... ... ... ... ... ... ... 1965 (Act No. 23 of 1965)

Revised ... ... ... ... ... ... ... 1988 (Act 355 w.e.f. 1 December 1988)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Syariah Courts (Criminal Jurisdiction) 3

LAWS OF MALAYSIA

Act 355

SYARIAH COURTS (CRIMINAL

JURISDICTION) ACT 1965

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Criminal Jurisdiction of Syariah Courts

3. Validation 4 Laws of Malaysia ACT 355

Syariah Courts (Criminal Jurisdiction) 5

LAWS OF MALAYSIA

Act 355

SYARIAH COURTS (CRIMINAL

JURISDICTION) ACT 1965

An act to confer jurisdiction upon Courts constituted under any State law for the purpose of dealing with offences under Islamic law.

[1 April 1965]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title and application

1. (1) This Act may be cited as the Syariah Courts (Criminal Jurisdiction) Act 1965.

(2) This Act shall apply to all the States of Peninsular Malaysia. Criminal Jurisdiction of Syariah Courts

2. The Syariah Courts duly constituted under any law in a State and invested with jurisdiction over persons professing the religion of Islam and in respect of any of the matters enumerated in List II of the State List of the Ninth Schedule to the Federal Constitution are hereby conferred jurisdiction in respect of offences against precepts of the religion of Islam by persons professing that religion which may be prescribed under any written law:

Provided that such jurisdiction shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding three years or with any fine exceeding five thousand ringgit or with whipping exceeding six strokes or with any combination thereof.

6 Laws of Malaysia ACT 355

Validation

3. All offences under Islamic law which before the commencement of this Act in relation to the States of Peninsular Malaysia and which before the commencement of the Syariah Courts (Criminal Jurisdiction) (Amendment and Extension) Act 1989 in relation to the States of Sabah and Sarawak, had been tried by any of the Courts aforesaid shall be deemed to have been validly tried as if jurisdiction in respect thereof had been conferred on those Courts by Federal law.

Syariah Courts (Criminal Jurisdiction) 7

LAWS OF MALAYSIA

Act 355

SYARIAH COURTS (CRIMINAL

JURISDICTION) ACT 1965

LIST OF AMENDMENTS

Amending law Short title In force from

Act A612 Muslim Courts (Criminal Jurisdiction) 01-01-1984 (Amendment) Act 1984

Act A730 Syariah Courts (Criminal Jurisdiction) 05-05-1989 (Amendment and Extension) Act 1989

Act A996 Interpretation (Amendment) Act 1997 24-07-1997 8 Laws of Malaysia ACT 355

LAWS OF MALAYSIA

Act 355

SYARIAH COURTS (CRIMINAL

JURISDICTION) ACT 1965

LIST OF SECTIONS AMENDED

Section Amending authority In force from

1 Act A730 05-05-1989

2 Act A612 01-01-1986

3 Act A730 05-05-1989

Act A996 24-07-1997

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA