Shariah courts in Federal Territories to implement remote hearings

KUALA LUMPUR, Dec 5 — Shariah court judges or registrars in the Federal Territories will soon be able to conduct civil proceedings, which involve non-criminal cases, through remote communication technology, considering emergencies or specific case circumstances.

This follows the passage of the Administration of Islamic Law (Federal Territories) (Amendment) Bill 2024 and the Syariah Court Civil Procedure (Federal Territories) (Amendment) Bill 2024 in the Dewan Rakyat today.

The amendments to the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) and the Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585), first tabled on July 2, were approved by a majority vote after debates involving 13 and seven MPs from the government and opposition blocs, respectively.

Deputy Minister in the Prime Minister’s Department (Religious Affairs) Zulkifli Hasan, while wrapping up the debate on the Administration of Islamic Law (Federal Territories) (Amendment) Bill 2024, said the introduction of the new Section 40A aligned with efforts to upgrade the electronic service system through the E-Syariah transformation.

“The improvement in this Bill includes provisions allowing civil hearings to be conducted at locations other than courts established under Section 40 of Act 505 or through remote communication technology,” he said.

“This mechanism ensures that justice for the parties is prioritised and upheld, particularly in cases where emergencies under Islamic law or specific conditions prevent physical attendance at the Shariah court,” he added.

Meanwhile, with the passing of the Syariah Court Civil Procedure (Federal Territories) (Amendment) Bill 2024, Zulkifli said that the appointment of Shariah lawyers no longer required the recitation of the wakalah declaration before the court or registrar.

“With this amendment, parties and Shariah lawyers are not required to appear before the court or registrar to make the wakalah declaration,” he said.

Regarding civil procedures, he added that the proposal to amend Section 3 of Act 585 aimed to incorporate and operationalise a new definition of “remote communication technology”.

Yesterday, Malaysian Syariah Lawyers Association (PGSM) president Musa Awang said the proposed amendments to both Bills would provide benefits, convenience, and ease legal processes for the Muslim community in the Syariah courts, especially in the Federal Territories. — Bernama