Language: Malay

Establishment History

ESTABLISHMENT HISTORY AND JOHOR SYARIAH COURT BACKGROUND

Syariah Court undeniably have role that is important in resolving cases and problems faced by Islamic society, carry and consequently mete according to called invite Islamic law. As far as that known Johore Mahkamah Syariah Negeri founded since year 1873 before Johore State Government law codified in year 1895 , that introduced by Maharaja Abu Bakar Johore. It have special enactment.

Before year 1895, mufti’s and kadi’s post was established. According to official partial record primordial found show mufti’s post held by Y.B Dato’ Syed Halim Al-Attas and Islamic judge post held by Dato’ Hj. Abdul Rahman in year 1873. Until year 1895 quite indefinable mufti’s and kadi task because no religious (Islamic) department at that time. But clear, mufti is also act as judge clamp in trial in courts until year 1909.

Based on Undang Undang Tubuh Johore Government Fasal Enforcement 28, cabinet were instituted in writing and remain to happen major reshuffle in the organisational structure. Among new department created is Agama Department and Pelajaran by introducing Dipertuanya Yang post namely The Honourable Engku Mohd. Khalid. On 20 August 1932, annual congress Johore kadi-kadi was held to discuss on Islamic judge’s court, register marriage divorce and refer, tithe collection, zakat assets division and Baitulmal. All judges designated by The Glorified Duli Yang Maha Mulia Sultan selaku Wali Al-Amar in domestic like compelled the appointment according to Islamic law. All Islamic judge’s court decision is based on muhammadiah Islamic law in syafie mazhab.

Court establishment in Johore State is follow administrative enactment Johore namely Enakmen bill 14 in year 1978. Enactment created to unite and amend laws related to establishment, administration and compilation of all things which involves with Islamic Religion and courts in Johore. Syariah Court in Johor was established on 1 January 1978 by Johore Agama Department and better known nowadays as Kadi Mahkamah. The court divided into two kinds namely Islamic judge’s court and court of appeal. Nowadays, these Islamic court judges is consist of kadi-kadi from district itself.

Administrative enactment Johore State states that jurisdiction for criminal case like close proximity cases, booze, not fasting in ramadhan month and others and to mal case / civil namely such as case divorce, child claim, maintenance and so on is by punishing to every fine offence as much as not less from RM1000 or jail sentence does not exceed 6 months or both.

Syariah Court Administrative Isolation From Religious Department

Syariah’s Court Enactment 1993
EMS93 is a Enakmen to unite and amend laws pertaining Penubuhan, Penyusunan and Pentadbiran Syariah Court had been approved by Johore State Executive Councilon 22 December 1993 and has been approved by Duli Yang Maha Mulia Baginda Sultan of Johor on 27 December 1993.

As initial step towards implements the isolation purpose a Federal Constitutionamendment in matter 121 (1A) had been approved in year 1984 and consequentlytake effect which allocates :
“Bahawa Mahkamah Tinggi Sivil dan Mahkamah-Mahkamah dibawahnya tidaklah ada bidangkuasa di dalam mana-mana perkara yang termasuk di dalam bidangkuasa Mahkamah Syariah .”

Islamic Court Isolation Implementation From Religious Department
Section 5 Enakmen Syariah Court 1993 allocated Establishement Syariah Court by DYMM Sultan on Chief Minister’s advice after negotiating with Majlis and section31 Enakmen that equally allocated, Kadi Mahkamah Mahkamah should be known as Mahkamah Rendah Syariah and need to be characterized as Mahkamah Rendah Syariah which was established under section 5 Enakmen . Therefore Syariah Courthave been isolated from Islamic Religious Department officially on 1 January 1996

With occurence of this amendment enable the administrative isolation from Agama Department carried out phased State. Courts agreed is:-
Courts that had been agreed and certified that is as follows:-
a) 1 unit Mahkamah Rayuan Syariah Johor.
b) 2 units Mahkamah Tinggi Syariah Johor.
i. Mahkamah Tinggi Syariah Johor Bahru.
ii. Mahkamah Tinggi Syariah Muar.
c) 6 unit Mahkamah Rendah Syariah.
i. Mahkamah Rendah Syariah Johor Bahru.
ii. Mahkamah Rendah Syariah Muar.
iii. Mahkamah Rendah Syariah Segamat/Kluang.
iv. Mahkamah Rendah Syariah Batu Pahat.
v. Mahkamah Rendah Syariah Pontian.
vi. Mahkamah Rendah Syariah Mersing/Kota Tinggi.

There posts was agreed so date take effect is begin 15 July 1994 same as date Enakmen Syariah Court 1993.