Registration Procedures of Civil Cases

There are two types of registration for civil case that can be made in the Syariah Court:

1.    Claims Case; and 
2.    Application Case

Claims case is every action or proceeding in a civil case initiated by summons along with the statement of claim.

Application case is every action or proceeding in a civil case initiated with the notice of application, together with supporting affidavit.

Customers conditions for enrolling case:

According to Section 3 (1) of Islamic Family Enactment (Kedah) 1979 someone can register his case in the Syariah Court if he is a Muslim who is a resident of State of Kedah Darul Aman. Evidence of resident / settler must be submitted upon registration cases. Evidence of resident / settler is as follows:

1. Identification cards. 
2. Change of address cards. 
3. A letter of confirmation parish children by concerned priest.
4. Electricity bills / telephone / water / assessment.

Cases registration of the Syariah High Court and the Syariah Lower Court

Cases which may be registered in the Syariah High Court are:

1.    Matrimonial property claims. 
2.    Hadhanah claims (child custody).
3.    Mal claims of more than RM50 million.
4.    Review application case of the Syariah Lower Court.

Cases which may be registered in the Syariah Lower Court are:

1.    Demands the dissolution of marriage (divorce).
2.    Child support claims.
3.    Fasakh claims. 
4.    Mal claims of less than RM50 million.

A. Registration of Cases  

• Any registration of claims must be submitted to the Registrar / Deputy Registrar of the Syariah Court by hand. Registration by Post is not accepted.
• Registration completed and in accordance with the law will be accepted.
• The documents of each registration cases shall be submitted in 4 copies together with a original copy.
• Registration of claims shall be attached with the following documents:

1. General Form. 
2. Summons form duly completed. *
3. Statement of Claim which states regarding claims cases. 
4. Bundle of verified documents (if necessary).
5. Registration fees . 
6. Wakalah Syarie lawyer for those who use the services of Sharie Lawyers.

*Summons to the defendant  should be included another copy  of summons without the Statement of Claim for acceptance signatory.

5.    Such claim cases are as follows:

• Confirmation of Endowments claims.
• Confirmation of  Nazar claims.
• Engagements Compensation claims.
• Fasakh claims.
• Muta'ah claims.
• Matrimonial Property Claims.
• Wife alimony Claims.
• Disablement Claims.
• Security Alimony Claims.
• Eddah Alimony Claims.
• Changing demands of Maintenance Orders.
• Unpaid claims Maintenance.
• Child Maintenance claims
• Hadhanah claim (Childcare Right)
• Change Order Claims Custody Rights of the Child.
• Changing Child Maintenance Orders Claims.
• Ganishmen / Hiwalah Claims.
• Judgment Debtor Claims.

B.    Registration of Application Case

• Any registration of claims must be submitted to the Registrar / Deputy Registrar of the Syariah Court by hand. Registration by Post is not accepted.
• Registration completed and in accordance with the law will be accepted.
• The documents of each registration cases shall be submitted in 4 copies together with a original copy.
• Registration of claims shall be attached with the following domuments:

1. General Form. 
2. Application form duly completed. *
3. Affidavit support duly signed by the Registrar / Deputy Registrar of the Syariah Court.
4. Exhibits (if necessary)*** 
5. Registration Fees. 
6. Reference letter from the Marriage Registration to District Judge on the application of underage marriage, guardian sultan married and widowed confirmation is not consummated (widow float).
7. Wakalah Syarie lawyer for those who use the services of Sharie Lawyers.

* Application form for Opposing parties must attached with a copy of Application form without support of Afidavit for acceptance signatory.

6.    Cases of application of which is as follows:

Application for Dissolution of Marriage (Divorce) under Section 40 of the Islamic Family Enactment (Kedah) 1979 shall be attached with the following documents:

1. General Form.
2. Application form duly completed. * 
3. Affidavit support duly signed by the Registrar / Deputy Registrar of the Syariah Court.
4. Divorce Application Form.
5. Copy of  Marriage Certificate. 
6. Registration Fees. 
7. Wakalah Syarie lawyer for those who use the services of Sharie Lawyers.

**Application for polygamy under Section 17 of the Islamic Family Enactment (Kedah) 1979 shall be attached with  the following documents:

1. General Form.
2. Application form duly completed. *
3. Affidavit support duly signed infront of  the Registrar / Deputy Registrar of the Syariah Court.
4. Application of Polygamy 
5. Exhibits 
6. Registration Fees.
7. Wakalah Syarie lawyer for those who use the services of Sharie Lawyers.

 *** Exhibits shall be affirmed infront of  the Registrar / Deputy Registrar of the Syariah Court.

For the cases that the defendant / Opposing parties is outside Kedah claimant / applicant shall file application Presentation Outside Jurisdiction. The registration of application contains the following items:

After all the document in the case of registration fees is made, the claimant / applicant will be given a mention for the first time within 30 working days from the date of registration.

NOTE: REGISTRATION CASE MAY BE MADE BY THE APPLICANT / STUDENT OR THROUGH THE SERVICE ARE ABLE TO BAR SYARIE OR THROUGH THE SERVICE OF ATTORNEY FOR LEGAL AID BUREAU OF LESS ABLE.