Introduction

[1] There are three interrelated appeals before us, arising from the judgment of the Court of Appeal dated 17 December 2014 which dismissed the appellant's appeals. Leave to appeal was granted by this Court on 14 January 2015 on the following questions of law:

"(i) Whether in the context of art 121(1A) of the Federal Constitution, where a Custody Order is made by the Syariah Court or the Civil Court on the basis that it has jurisdiction to do so, whether there is jurisdiction for the other Court to make a conflicting order; and

(ii) Whether on the interpretation of ss 52 and 53 of the Child Act 2001 , a Recovery Order can be made when there exist a custody order given by the Syariah Court which is enforceable at the same time."

Background Facts

[2] The abovementioned questions of law flow from the following background. On 19 March