- Syariah courts are state courts with jurisdiction only over Muslims, in matters given to them by state law.
- Each state has a Syariah Subordinate Court, Syariah High Court and Syariah Court of Appeal; JKSM coordinates them nationally.
- They hear marriage, divorce, hadhanah, nafkah, harta sepencarian, faraid certificates and Syariah offences.
- Maximum Syariah punishment under Act 355 remains 3 years' jail, RM5,000 fine and 6 strokes (proposed increases not passed as at 2025 reports).
- Only a peguam syarie admitted in that state can represent you; sulh mediation is often available.
A separate court system for Muslims
Islamic law is a state matter under the Federal Constitution (item 1 of the State List in the Ninth Schedule; for the Federal Territories it is a federal matter). Each state therefore sets up its own Syariah courts (Mahkamah Syariah) by state law, and those courts have jurisdiction only over persons professing Islam and only over the matters that the law gives them.
Article 121(1A) of the Constitution, added in 1988, says the civil High Courts and subordinate courts have no jurisdiction over any matter within the jurisdiction of the Syariah courts. Its purpose was to stop the civil courts and Syariah courts from giving conflicting decisions on the same matter. The Federal Court has since made clear that Article 121(1A) does not remove the civil courts' power to decide constitutional questions and to judicially review whether a body acted within its legal powers – for example, the Federal Court held in 2024 (Nik Elin) that several provisions of a Kelantan Syariah criminal enactment were invalid because they dealt with matters on the Federal List.
How the Syariah courts are organised
In every state there are three levels, mirroring the civil courts:
| Court | Role |
|---|---|
| Syariah Court of Appeal (Mahkamah Rayuan Syariah) | Hears appeals from the Syariah High Court; the highest Syariah court in the state |
| Syariah High Court (Mahkamah Tinggi Syariah) | Hears more serious or valuable matters at first instance, and appeals from the Syariah Subordinate Court |
| Syariah Subordinate Court (Mahkamah Rendah Syariah) | Hears most day-to-day cases at first instance; usually one in each district |
The exact division of work between the Syariah High Court and the Syariah Subordinate Court (for example, monetary limits) is set by each state's Administration of Islamic Law Enactment, so it varies from state to state.
The Syariah Judiciary Department Malaysia (Jabatan Kehakiman Syariah Malaysia, JKSM) was set up in 1998 to coordinate and standardise the administration of Syariah courts across the country. It issues practice directions and runs the e-Syariah portal, but each state's courts remain state courts under state law.
What Syariah courts deal with
Typical civil (mal) matters include:
- Marriage (perkahwinan) – registration, permission to marry, polygamy applications, confirmation of marriages.
- Divorce (perceraian) – talaq, fasakh (divorce by court order), khuluk/tebus talaq, ta'liq, and confirmation of a divorce pronounced outside court.
- Custody (hadhanah) – who has care of the children after divorce.
- Maintenance (nafkah) – for a wife, for children, iddah maintenance, and arrears.
- Mut'ah – a consolatory gift to a wife divorced without just cause.
- Matrimonial property (harta sepencarian) – sharing assets acquired during the marriage.
- Inheritance matters – the Syariah court can issue a faraid certificate (sijil faraid) stating the heirs and their shares; it also hears matters on wasiat (wills), hibah (gifts), wakaf and nazar. Note that the actual administration of a deceased Muslim's estate (letters of administration, transfer of land) is usually handled by the civil High Court, the Land Office (for small estates) or Amanah Raya. See Wills and estates.
- Status of a person as a Muslim – including applications relating to leaving Islam, where state law provides for them.
Syariah courts also try Syariah criminal offences created by state law, such as khalwat, consuming alcohol, not attending Friday prayers without reason, and teaching religion without a tauliah. They cannot try offences on the Federal List (such as those in the Penal Code).
For non-Muslims, and for marriages where one party has converted, family matters are generally decided by the civil courts. See Family law.
Limits on Syariah court punishments
A federal law, the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), caps the punishments that state laws can give Syariah courts. The current maximum for any Syariah offence is:
- imprisonment of up to 3 years;
- a fine of up to RM5,000;
- whipping of up to 6 strokes;
- or any combination of these.
These limits are often called "3-5-6". According to the Religious Affairs Minister, the Act has not been revised since 1984. Proposals to raise them – including a 2016 private member's bill ("RUU355") seeking 30 years, RM100,000 and 100 strokes, and a government amendment discussed with the states in 2024 – had not been passed by Parliament as at the latest reports we could check (2025). Always check whether the Act has since been amended.
Lawyers in the Syariah courts
Only a Syariah lawyer (peguam syarie) admitted in that state can represent you in a Syariah court. Peguam syarie are admitted under each state's rules, usually through the state Islamic Religious Council, and a civil-court lawyer is not automatically a peguam syarie (some lawyers are both). You may also act for yourself.
Many Syariah court offices offer counselling or sulh (mediation) sessions to help couples settle matters such as custody, nafkah and harta sepencarian before a full hearing. Legal aid for Syariah family matters may be available from the Legal Aid Department (Jabatan Bantuan Guaman) for those who qualify – see Getting legal help.
Because procedures and forms differ between states, check the website of your state's Syariah court or the JKSM portal before filing.
Laws cited on this page
| Act 355 | Syariah Courts (Criminal Jurisdiction) Act 1965 · Akta Mahkamah Syariah (Bidang Kuasa Jenayah) 1965 | Official text |
| Act 574 | Penal Code · Kanun Keseksaan | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Sources
- Federal Constitution, Art 121(1A) and Ninth Schedule List II item 1 (Laws of Malaysia portal)
- Malaysian Bar – Article 121(1A): what does it really mean
- Bernama – Amendments to Act 355: engagement sessions with states completed (2024)
- The Star – Syariah Courts Act amendment bill (RUU355) likely to be tabled (Feb 2024)
- Free Malaysia Today – Jerlun MP calls for re-tabling of Bill 355 (Aug 2025)
- Jabatan Kehakiman Syariah Malaysia (JKSM)
- Legal Aid Department (Jabatan Bantuan Guaman)
Related
Family law: marriage, divorce, maintenance and custodyWills and estatesHow Malaysian law worksCourts and their powersGetting legal help