Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)

Syariah Court Civil Procedure (Federal Territories) Act 1998 · Act 585
Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998
Applies to: Federal Territories (civil proceedings in Syariah courts); each state has its own enactment · Official text ↗

Key points

Most claims start by summons with a statement of claim (Form MS 2); matters in the Second Schedule start by application (Form MS 3) with an affidavit (ss 7, 8, 13).
Divorce applications follow Act 303's procedure, not the ordinary summons rules (s 15).
Parties may settle by sulh at any stage; a recorded settlement or consent judgment is binding (ss 94, 99, 131).
Money judgments are enforced by seizure and sale, hiwalah (attaching money owed to the debtor), judgment debtor summons and, for wilful default, committal (ss 148–185).
Appeal by notice (Form MS 29) within 14 days (s 139).
Proceedings and documents are in Malay unless the Chief Syariah Judge orders otherwise (s 232).

What this law covers

Act 585 is the civil procedure code (tatacara mal) for the Syariah courts of the Federal Territories (Kuala Lumpur, Labuan and Putrajaya). It applies to all civil proceedings in those courts unless another law or the court provides otherwise (s 2). It does not decide who wins: the substantive rights come from Act 303 (family), Act 505 (jurisdiction over hibah, wills, wakaf and faraid) and Hukum Syarak. Proof is governed by the Syariah Court Evidence Act (Act 561).

Each state has its own Syariah Court Civil Procedure Enactment (Enakmen Tatacara Mal Mahkamah Syariah) on the same model. The text summarised here is the reprint as at 1 January 2006. In practice, the registry of the Syariah court (in the Federal Territories, the Mahkamah Syariah Wilayah Persekutuan, MSWP) publishes document checklists for each case code. See also Syariah courts.

Starting a case: summons or application

Summons (s 7(1), s 8): the default way to start. File a summons in Form MS 2 with a statement of claim setting out the facts in numbered paragraphs, particulars and the relief sought, signed by the plaintiff or his Peguam Syarie (s 63). Examples: harta sepencarian, arrears of maintenance, revoking a hibah, mut'ah.
Application (s 7(2), s 13): for matters in the Second Schedule, use a notice of application in Form MS 3 supported by an affidavit. These include permission for a minor to marry, appointing a wali 'am, registering a marriage solemnised contrary to law, presumption of death, guardianship of a minor's property, injunctions against taking a child out of Malaysia, and injunctions against molestation by a spouse.
Divorce (s 15): follows the procedure in Act 303 (for example s 47).
Oral claims (s 16): the court may allow a claim or defence to be made orally and record it. This helps unrepresented parties.
Poor persons (s 31): a person who cannot pay court fees and has a good case may apply in Form MS 4 for leave to sue or defend as a poor person.

Example: an MSWP checklist

For a claim to revoke a hibah (Kod Kes 333), registered in the Syariah High Court under Act 505 s 46(2)(b)(v)–(vi), the MSWP checklist asks for: summons (Form MS 2) and statement of claim; identity documents of both parties; proof of residence in the Federal Territories (for example a letter from the imam of the kariah where the address is elsewhere); any hibah document or agreement; documents for the property given; and a registration form. Pleadings must be typed, in three copies (more if there are several defendants), in Malay, with a translation where a party does not understand Malay (s 232). Incomplete filings are not processed.

Service, defence and pleadings

Service (ss 40–55): papers are served personally by a court officer or any other person (s 41). If that is not possible, the court may order substituted service: posting on the court notice board and the person's last home, a newspaper advertisement, or another method. This is as effective as personal service (s 48). Service elsewhere in Malaysia is allowed with the court's order (ss 52–55).
Defence (s 64): a defendant may file a defence (Form MS 16) before the day of appearance, or appear and dispute the claim; the court can then order a written defence. A counterclaim may be made (s 66).
Amendment, discovery, transfer (ss 80–93): pleadings can be amended. A party can seek discovery and inspection of documents. Cases can move between the High and Subordinate Courts.
Interim orders (ss 197–207): the court can make interim orders, including an interim custody (hadhanah) order (s 201), which can be sought ex parte in urgent cases, and interim maintenance (s 202). For a child's interim maintenance, the court must be satisfied the father can pay.

Sulh, hearing and judgment

Sulh (s 99): the parties may hold sulh (amicable settlement) at any stage, under rules made for it or, if there are none, under Hukum Syarak. In practice, family cases are usually referred to a sulh officer before trial. An agreed settlement is recorded and bars a fresh action on the same cause (s 94), and a consent judgment, including one from sulh, may be recorded at any time (s 131).
Evidence (ss 100–118): evidence is normally given orally in open court; affidavits are used where allowed. Witnesses can be compelled by subpoena.
Absent parties (s 121): if the defendant does not appear after proper service, the court may decide in his absence. Before giving judgment, the court requires the plaintiff to take the oath of istizhar (a supplementary oath confirming the claim).
Judgment (s 130): every trial judge delivers a written judgment, pronounced in open court, which forms part of the record.

Enforcing a judgment

A judgment must be obeyed (s 147). For money judgments, including maintenance arrears, s 148 provides:

Seizure and sale of the debtor's movable property by the bailiff (ss 159–160).
Hiwalah: attaching property or money owed to the debtor by a third party (the muhal 'alaih), such as a bank or an employer, and attaching income (s 159(1)(b), (d); s 161).
Judgment debtor summons (ss 176–178): the debtor is examined in court on his means and may be ordered to pay, for example in instalments.
Judgment notice and committal (ss 179–185): if he still does not comply, he must show cause why he should not be committed to prison.

Non-money orders (possession of land, delivery of goods, doing or not doing an act) are enforced under ss 149–151. Disobeying the court can also be contempt: committal of up to 6 months or a fine of up to RM2,000 (s 229). See also the general Enforcing a judgment guide.

Appeals, language and amendments

Appeal (s 139): Subordinate Court decisions go to the Syariah High Court, and High Court decisions to the Syariah Appeal Court. File a notice of appeal in Form MS 29 within 14 days of the decision. The court then supplies certified notes of evidence and the judgment, and grounds of appeal follow. An appeal does not stop enforcement unless the court grants a stay (s 144). Whether a Subordinate Court decision can be appealed as of right depends on Act 505 s 48.
Language (s 232): Malay is used in all proceedings unless the Chief Syariah Judge orders otherwise. Documents in another language need a Malay translation.
Amendments: on 5 December 2024 the Dewan Rakyat passed an amendment bill reported to allow civil proceedings, and the taking of evidence under s 100, through remote communication technology (new s 40A). Check whether it is in force before relying on it.

Sharia basis (for information)

Sulh: Qur'an 4:128, about a wife who fears her husband's ill-conduct or desertion, says there is no blame on them if they make a settlement between them, "and settlement is best". The Prophet (peace be upon him) said that reconciliation between Muslims is permitted except one that makes the lawful unlawful or the unlawful lawful (Sunan Abi Dawud 3594, Book of the Office of the Judge; also in al-Tirmidhi).
Arbitration in family disputes: Qur'an 4:35 (an arbiter from each family).

For information only; not a fatwa.

Laws cited on this page

Act 303	Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984	Official text
Act 505	Administration of Islamic Law (Federal Territories) Act 1993 · Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993	Official text
Act 561	Syariah Court Evidence (Federal Territories) Act 1997 · Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 585	Syariah Court Civil Procedure (Federal Territories) Act 1998 · Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 2	Applies to all civil proceedings in Federal Territories Syariah courts.
s 7	Proceedings start by summons, or by application for Second Schedule matters.
s 8, 63	Summons in Form MS 2 with a statement of claim.
s 13	Application in Form MS 3 supported by affidavit.
s 15	Divorce applications follow Act 303.
s 16	Court may allow an oral claim or defence.
s 31	Leave to sue or defend as a poor person.
s 48	Substituted service (notice board, last residence, newspaper).
s 99, 94, 131	Sulh at any stage; recorded settlement and consent judgment.
s 121	Absent parties; oath of istizhar before judgment in default.
s 139	Appeal by Form MS 29 within 14 days.
s 148, 159	Enforcement of money judgments: seizure and sale, hiwalah, attachment of income, committal.
s 176–185	Judgment debtor summons, judgment notice and committal.
s 201–202	Interim orders for hadhanah and maintenance.
s 232	Malay is the language of proceedings and documents.

Worked examples

Example 1: Revoking a hibah to a son

Facts. Puan Rokiah, of Kuala Lumpur, transferred a flat to her son as a gift (hibah). He has since neglected her, and she wants it back.

The law. Hibah disputes are within the Syariah High Court's jurisdiction (Act 505 s 46(2)(b)(vi)). She starts by summons (Form MS 2) with a statement of claim (ss 7–8, 63), using MSWP case code 333 and its checklist.

Outcome. The case will usually go to sulh first. Whether a hibah can be revoked depends on Hukum Syarak and the facts, for example whether it was completed and to whom it was given. She should get a Peguam Syarie's advice.

Example 2: Ex-husband ignores a maintenance order

Facts. Aisyah has an order for RM800 a month in child maintenance. Her ex-husband has paid nothing for six months.

The law. She can enforce under s 148: hiwalah to attach his salary or bank account (s 159(1)(b), (d)), a judgment debtor summons (s 176), and, if he still defaults, a judgment notice leading to committal (ss 179–182). Act 303 s 132 also allows jail for wilful non-payment.

Outcome. Aisyah files enforcement papers at the court that made the order. Attaching his salary through his employer is often the quickest route.

Example 3: Husband cannot be found

Facts. Lina wants to claim harta sepencarian, but her husband has moved and will not accept papers.

The law. If personal service fails, the court may order substituted service by posting at his last home and on the court notice board, or by newspaper advertisement (s 48). If he still does not appear, the court may decide in his absence after she takes the oath of istizhar (s 121).

Outcome. She files an affidavit explaining her attempts to serve him and asks for substituted service.

Example 4: Urgent custody

Facts. Farah fears her husband will take their 4-year-old abroad while their divorce is pending.

The law. She can apply ex parte, with an affidavit, for an interim hadhanah order (s 201) and an injunction restraining the child being taken out of Malaysia (Second Schedule; Act 303 s 105).

Outcome. The court can make an interim order with immediate effect. She should file at once and serve the order on her husband.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Do I need a lawyer for a Syariah civil case?

No, you may act for yourself, and the court can allow an oral claim (s 16). If you want someone to represent you, it must be an admitted Peguam Syarie (Act 505 s 59). The Legal Aid Department and some NGOs help with Syariah family cases.

What is sulh?

Sulh is an amicable settlement under Islamic law. Under s 99 the parties may hold sulh at any stage. Family cases are usually referred to a sulh officer first, and an agreement can be recorded as a binding consent order (ss 94, 131).

Summons or application: which do I use?

Use a summons (Form MS 2) for most claims. Use an application (Form MS 3 with affidavit) only for matters listed in the Second Schedule, such as permission for a minor to marry, appointing a wali 'am or an injunction against molestation (s 7). Divorce follows Act 303.

How long do I have to appeal?

14 days from the decision, by notice of appeal in Form MS 29 (s 139). Appeals from the Subordinate Court to the High Court as of right are limited by Act 505 s 48; some need leave.

Can I file papers in English?

Malay is the language of proceedings and documents unless the Chief Syariah Judge orders otherwise. Documents in other languages must come with a Malay translation (s 232). MSWP checklists ask for bilingual pleadings where a party does not understand Malay.

What happens if the other side never turns up?

After proof of proper service, the court may hear and decide the case in his absence, but you must first take the oath of istizhar (s 121).

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Syariah courts Islamic Family Law (Federal Territories) Act 1984 (Act 303)Syariah Court Evidence (Federal Territories) Act 1997 (Act 561)Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)Muslim family law and Islamic estate planning Enforcing a judgment How a civil case runs