conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.

1. MALAYSIAN LEGAL SYSTEM

2. MEMBERS
• FATIN FATIHAH BINTI SABDIN
• SITI AMIRA BINTI AMIR HASSAN
• NUR ARDILLA BINTI MOHAMMAD ALIAS

3. QUESTION ????

4. QUESTION NO.2
Article 121(1A) is a provision to prevent conflictingjurisdiction between the
civil courts and the syariahcourts. It is obvious that the intention of
Parliament by article121 (1A) is to take away the jurisdiction of the high
court In respect of any matter within the jurisdiction of the syariah courts.
In light of the above statement ,explainthe conflict of jurisdiction between
the syariah court and the civil court which leads to the amendment of
article121 of the federal constituition.

5. Federal Constitution
Article 121-Judicial power of the federation
(1A) – the court refered to in clause (1) shall
have no jurisdiction in respect of any matter
within the jurisdiction of the syariah court.

6. -There are conflicts occur between civil
courts and syariah courts.
-The conflict happen when civil court
interfere the jurisdiction of syariah court
-It also happens when civil court over
ruled the decision of syariah court
-Amedment (1A) had been added to
article 121 to specific the jurisdiction of
syariah court.

7. Example of cases
AINAN V SYED ABU BAKAR
- Legitimate child
NAFISAH V ABD MAJID
- Breach of Marriage
MYRIAM V MOHAMMED ARIFF
- Custody of child

8. AINAN V SYED ABU BAKAR
-S112 Evidence enactment was enforced on
muslims.
-court held: The evidence enactment is a statute
of the general application and that all the
inhabitants of the federated malay states are
subject to its provisions whatever may be their
race or religion.
-In question of legitimacy in the case of the rule
of muhammaden law

9. • S112 Evidence Enactment: provides that the birth
of a child during a valid marriage or within 280
days after its dissolution ,it conclusive proof of
legitimacy ,unless it can be shown that the
parties to the marriage had no access to each
other at any time when the child could have been
begotten.
• Islamic law: the shortest period of gestotian is the
human species in 6 months.A child who born
before 6 months is considered illegitimate.In this
case, the child was born 3 months after the
marriage
• The court applied the evidence enactment and
held that the child is a legitimate child.

10. NAFSIAH V ABD MAJID
• Fact: on Aug 19,1963. Plaintiff alleged that the
defendant had promised that he would marry
her, the promised was made into writing,the
plaintiff then claimed that the defendant was
seducing her.As a result she was pregnant. On
July 1964 , a child was born.So,the plaintiff
claim for breach of promise to get marry with
her.

11. • Judgement: Court held that the defendant had
commited a breach of promise that asses
damage at the sum of $1200
• In Islamic Law, plaintiff cannot sue the defendant
because there is no provision for breach of
marriage contract.

12. MYRIAM V MOHAMMED ARIFF
• FACT: The applicant had applied for the custody
of her two infant children, a girl 8 years old and a
boy 3 years old. The appellant and respondent
were mother and father respectively of the 2
infants,had been divorced and both parties had
since remarried. The issue before the court was
whether the the applicant was still entittled to
the custody of her children after she had duly
consented to the order of the syariah court giving
the custody of the 2 children to the respondent

13. • Islamic Law: If the mother had been remarried
after divorce she has no right toward custody of
her children.
• Civil court have decide that the mother still
entitled for custody of her children eventhough
she remarried.
• Conclusion : conflict happen when the civil court
intefered and overulled the syariah court decision.
Thus, the amendment be added.

14. • Article 121(1A) was primarily intended to
ensure that decisions made by the syariah
court are not reversed by the civil high court
where there is a coordinate or concurrent
jurisdiction although under different state
islamic law and federal law.