Civil jurisdiction — concurrent jurisdiction with Syariah Court in certain matters
17A.—(1)  Despite sections 16 and 17, the General Division has no jurisdiction to hear and try any civil proceedings involving matters which come within the jurisdiction of the Syariah Court under section 35(2)(a), (b) or (c) of the Administration of Muslim Law Act 1966 in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law.
[40/2019]
(2)  Even though such matters come within the jurisdiction of the Syariah Court under section 35(2)(d) or (e), 51 or 52(3)(c) or (d) of the Administration of Muslim Law Act 1966, the General Division has jurisdiction as is vested in it by any written law to hear and try any civil proceedings involving matters relating to —
(a)maintenance for any wife or child;
(b)custody of any child; and
(c)disposition or division of property on divorce.
[40/2019]
(3)  Where civil proceedings involving any matter referred to in subsection (2)(b) or (c) and involving parties who are Muslims or were married under the provisions of the Muslim law are commenced in the General Division, the General Division is to stay the civil proceedings —
(a)involving any matter referred to in subsection (2)(b) or (c), if the civil proceedings are commenced on or after the commencement of proceedings for divorce in the Syariah Court or after the making of a decree or order for divorce by the Syariah Court or on or after the registration of any divorce under section 102 of the Administration of Muslim Law Act 1966 between the same parties, unless a Syariah Court commencement certificate in respect of the civil proceedings has been filed with the General Division;
(b)involving any matter referred to in subsection (2)(b), if proceedings for divorce are commenced in the Syariah Court or a decree or order for divorce is made by the Syariah Court or a divorce is registered under section 102 of the Administration of Muslim Law Act 1966 between the same parties after the commencement of the civil proceedings, unless a Syariah Court continuation certificate in respect of the civil proceedings has been filed with the General Division.
[40/2019]
(3A)  For the purposes of subsection (3), any reference to the registration of any divorce, or to a divorce that is registered, under section 102 of the Administration of Muslim Law Act 1966 is to be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1 March 2009.
[29/2008]
(4)  For the purposes of subsection (3), where the proceedings in the Syariah Court are commenced on the same day as the civil proceedings in the General Division, the proceedings in the Syariah Court are deemed to have been commenced before the civil proceedings.
[40/2019]
(5)  Subsection (3)(a) does not apply if the civil proceedings referred to therein are commenced in the General Division by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act 1966 have been filed in accordance with Family Justice Rules.
[27/2014; 40/2019]
(6)  Subsection (3)(b) does not apply if the civil proceedings referred to therein are continued by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act 1966 have been filed in accordance with Family Justice Rules.
[27/2014]
(7)  To avoid any doubt, the General Division, in exercising its jurisdiction or powers under subsection (2), is to apply the civil law.
[40/2019]
(8)  Despite section 3(2) of the Women’s Charter 1961, section 112 of that Act applies to the General Division in the exercise of its jurisdiction or powers under subsection (2)(c).
[40/2019]
(9)  In this section —
“Syariah Court” means the Syariah Court constituted under the Administration of Muslim Law Act 1966;
“Syariah Court commencement certificate” means a commencement certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act 1966;
“Syariah Court continuation certificate” means a continuation certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act 1966.