Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional division between civil and syariah courts

Legal area

Court

6 Apr 2023

FAZEELAH BINTI MOHD ISMAIL

Citation

PA-31NCVC-1099-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-31NCVC-1099-12/2022 (Mahkamah Tinggi)

The Registrar has lawful discretion under O.71 r.5(1) ROC 2012 to require a Sijil Faraid or other documents in support of an application for a grant; the court will not declare the Registrar's practice unlawful nor prescribe when the Registrar must exercise that discretion; these matters are to be heard and disposed of by the Registrar under the ROC 2012.
6 Apr 2023

MOHD IBRAHIM BIN ABDUL GHANI

Citation

PA-31NCVC-804-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-31NCVC-804-09/2022 (Mahkamah Tinggi)

The court held that the Registrar has discretion under O 71 r 5(1) ROC 2012 to require a Sijil Faraid or other documents and that it is inappropriate for the High Court to rule that the practice of requesting a Sijil Faraid is unlawful; accordingly, the matters are remitted to the Registrar/SAR to be heard and disposed of in accordance with the ROC 2012 on their merits.