Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional conflict civil vs syariah

Legal area

Court

14 Aug 2024

BA-32NCVC-720-07/2024 (Mahkamah Tinggi)

Citation

BA-32NCVC-720-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-32NCVC-720-07/2024 (Mahkamah Tinggi)

The Civil High Court must refuse to grant probate based on a Muslim deceased's will until the validity of that will is determined by the Syariah court; the Registrar lawfully may require production of Syariah confirmation under Order 71 r4 and the disputed will prepared outside the statutory Majlis scheme is not exempt from Syariah confirmation requirements, therefore the originating summons is dismissed.
14 Dec 2023

ZAHID BIN ABD AZIZ 1. ) NURUL IZZATI BINTI ZAHID 2. ) MOHAMAD KHAIRI BIN ZAHID 3. ) MOHAMAD AZRI BIN ZAHID 4. ) MOHAMAD ZAFRI BIN ZAHID 5. ) RASHIDAH BINTI ABD RAHMAN 6. ) AMANAH SAHAM NASIONAL BERHAD

Citation

BA-B52NCvC-285-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCvC-285-11/2020 (Mahkamah Sesyen)

On the balance of probabilities the court found the plaintiff proved that the money placed into the ASB accounts remained his property held as an express trust: defendants 1-4 were trustees holding the accounts for the plaintiff, they breached that trust by converting accounts and effecting withdrawals without informing or with contrary conduct, and the plaintiff was entitled to relief and costs.