JUDGMENT

Haidar Mohd Noor CJ (Malaya):

The issue before us is on the question of jurisdiction of the courts, that is, whether the subject-matter before the High Court in Penang is within the jurisdiction of the civil courts or the syariah courts? This demarcation of the jurisdiction of the two courts came about when Parliament in 1988 amended art. 121 of the Federal Constitution('the Constitution') by the following art. 121(1A):

(1A) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

The courts referred to in cl. (1) are the civil courts.

The amendment came into force from 10 June 1988 (Act A 704).

It is not disputed that the respondents (plaintiffs) are Muslims and the appellant (defendant) is a body established under the Administration of Islamic Religious Affairs Enactment of the State of Penang 1993 ('Penang Enactment'), an Enactment concerning the enforcement and administration of Islamic Religious Affairs, regulation and management of the Islamic Religious authority, and related matters. Ordinarily, the parties would come within the civil jurisdiction of the syariah court by virtue of s. 48(2