Contempt of court in the syari'ah courts

Kamal Halili Hassan, Vijayalakshimi Venugopal, Jasri Jamal

Research output: Contribution to journalArticle

Abstract

The purpose of this article is to examine the Syari'ah courts' power to punish for contempt. In the last nineteen years, the state authorities have recognised the importance of expressly providing the Syari'ah courts with the power to punish for contempt. There are specific categories of contempt of court before the Syari'ah courts specified in the relevant statutes, though these categories are not consistently specified in terms of the categories themselves, how the categories are defined and to what extent a party can be punished for committing these categories of contempt. Cases of the Syari'ah Courts examined here showed consistency with contempt before the civil courts, with majority of the contempt cases being committed are disobeying a court order and the contempt in the face of the court. Statutes applicable to the Syari'ah courts have provided different sentencing limits for different categories of contempt. This article explores the scope of contempt of court in the Syari'ah Courts, their sentencing limit and weaknesses. The research methodology adopted in this article is doctrinal research.

Original languageEnglish
Pages (from-to)23-33
Number of pages11
JournalPertanika Journal of Social Science and Humanities
Volume20
Issue numberSPEC. ISS.
Publication statusPublished - Jun 2012

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statute
civil court
Contempt
state authority
methodology
Statute
Sentencing
Authority
Civil courts

Keywords

  • Contempt of court
  • Federal constitution
  • State enactments
  • Syari'ah Court

ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Business, Management and Accounting(all)
  • Economics, Econometrics and Finance(all)
  • Social Sciences(all)

Cite this

Contempt of court in the syari'ah courts. / Hassan, Kamal Halili; Venugopal, Vijayalakshimi; Jamal, Jasri.

In: Pertanika Journal of Social Science and Humanities, Vol. 20, No. SPEC. ISS., 06.2012, p. 23-33.

Research output: Contribution to journalArticle

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