Malaysia Case Law

28 Aug 2023

1. ) MOHD KHAIRUL HAQIMIE BIN KAMARUDDIN 2. ) Mohd Khairil Aizat Bin Kamaruddin 3. ) NUR KHAIRUN SYAZANA BINTI KAMARUDDIN 4. ) MOHD KAMAL IKHWAN BIN KAMARUDDIN 5. ) NUR KHAIRUNNISA ATIRAH BINTI KAMARUDDIN KAMARUDDIN BIN ABD RASHID

Citation

BA-24NCvC-730-04/2023 (Mahkamah Tinggi)

Court

High Court

Case number

BA-24NCvC-730-04/2023 (Mahkamah Tinggi)

The originating summons was struck out/cancelled because the claim concerns a hibah (gift inter vivos) by a living Muslim donor and raises primary issues of Islamic law and disputed facts (different deed drafts, alleged undue influence, cancellation by donor) that fall within the exclusive or primary jurisdiction of the Syariah High Court; therefore the Civil High Court must decline to order specific performance/transfer until Syariah determination, and on the balance of probabilities the defendant satisfied the requirements to have the action dismissed as an abuse of process under O.18 r.19.

• Specific performance
• Hibah (gift inter vivos)
• Jurisdiction between civil and syariah courts
• Striking out under o.18 r.19
• Land transfer (form 14a)

LATIFAH BT MAT ZIN V. ROSMAWATI BINTI SHARIBUN & ANOR.

Citation

LATIFAH BT MAT ZIN V. ROSMAWATI BINTI SHARIBUN & ANOR.

Court

Malaysian court

When a question in a civil High Court probate petition as to whether a specific property forms part of a Muslim deceased's estate turns on whether there was a gift inter vivos (hibah), that question must be determined by Islamic law and is within the jurisdiction of the syariah courts; the civil court must give effect to the syariah court's determination in granting Letters of Administration and distributing the estate.

• Jurisdictional conflict between civil and syariah courts
• Hibah (gift inter vivos)
• Letters of administration
• Application and interpretation of federal constitution (arts.74,77,121,121a,128; ninth schedule)
• State enactment s.61(3) on syariah jurisdiction
• Procedure when overlapping civil and syariah issues