ABDUL SHAIK BIN MD IBRAHIM & ANOR V HUSSEIN BIN IBRAHIN & ORS
- Citation
- ABDUL SHAIK BIN MD IBRAHIM & ANOR V HUSSEIN BIN IBRAHIN & ORS
- Court
- Malaysian court
High Court held it has jurisdiction to declare the adoption and its registration void because the Adoption Act 1952 expressly excludes Muslims (s.31) and the Registration of Adoptions Act 1952 cannot validly be applied to Muslims; jurisdictional questions must be decided by reference to relevant State Enactments and by examining the subject matter of the action, but custody, guardianship and return/access of the child fall within Syariah Court jurisdiction under the Islamic Family Law (State of Penang) Enactment 1985.