By Shizreen Farina

So, what does a Family Law (Syariah) Specialist actually do? Great question!

A Syariah family law specialist advises on matters such as legality and dissolution of marriage, divorce, financial maintenance of spouses and children, custody and care of children, and inheritance and distribution of property under Islamic law. Their work is guided by Syariah principles and statutory frameworks. 

In practice, this includes representing clients in the Syariah courts, preparing legal documents, advising on rights and obligations, and helping families resolve deeply personal disputes. Sensitivity and discretion are essential in this practice. 

Matters of Personal Law: Their jurisdiction is largely confined to specific areas of personal and family law for Muslims, including: 

• Marriage, divorce, and spousal maintenance (alimony). 

• Child custody (Hadanah) and guardianship. 

• Inheritance and distribution of a Muslim’s estate. (Faraid) 

• Religious observances and duties (e.g., failing to fast during Ramadan or attend Friday prayers). 

• Certain offenses like khalwat (close proximity between unrelated members of the opposite sex) 

In regard to Criminal Jurisdiction and Sentencing Limits

States can create Islamic criminal offenses, their power to punish is strictly capped by a federal law, the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355).

The sources of Syariah law in Malaysia are derived from a combination of foundational Islamic legal sources and the specific state and federal legislation that gives them force within the country’s legal framework. 

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Primary Sources of Islamic Law

• Al-Quran: The primary and most fundamental source, containing the direct revelations from God. It provides the general directives and principles upon which all Islamic law is built. 

• As-Sunnah: The second primary source, consisting of the statements, actions, and approvals of the Prophet Muhammad. The Sunnah explains, elaborates, and provides specific details for the general injunctions found in the Quran. 

Secondary Sources of Islamic Law

• Ijma’ (Consensus): A secondary source that refers to the consensus of qualified Islamic scholars (mujtahidin) on a particular legal issue after the passing of the Prophet. It is derived from the authority of the Quran and Sunnah. 

• Qiyas (Analogical Deduction): Another secondary source, which involves applying the reasoning or ruling (illah) found in a primary source to a new, similar situation that is not explicitly addressed in the Quran or Sunnah 

Statutory Sources in Malaysia 

While the principles above are the theoretical sources of Islamic law, in Malaysia’s practical legal system, the specific laws that the Syariah courts enforce are found in written legislation. This is because the power to enact Islamic law is a matter for individual states (and the federal parliament for the Federal Territories) 

• State Enactments and Ordinances: Since Islamic law falls under the State List of the Federal Constitution, each of the 13 states has its own legislative assembly that enacts its own Islamic laws. 

• Federal Acts (for Federal Territories): For the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, the power to legislate on Islamic law lies with the Malaysian Parliament. 

• The Federal Constitution: The Constitution is the supreme law of the land. While not a source of Syariah law per se, it provides the constitutional framework that gives the Syariah courts their power and jurisdiction. Key provisions include Article 3: Establishes Islam as the religion of the Federation; Article 121(1A): This is a critical article which states that civil courts (like the High Court) have no jurisdiction over matters that fall within the jurisdiction of the Syariah courts, creating a legal separation between the two court systems. 

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• One of the mandatory requirements to practice as a Syariah lawyer is to be of the Muslim faith. Non-Muslims are not permitted to practice as Syariah lawyers in the Syariah Court. This is enacted in both the Federal Acts and State enactments such as The Syariah Legal Profession (Federal Territories) Act 2019 (Act 814). This is because a Syariah lawyer’s duty is not just to represent a client but to assist the court in upholding Syariah law. This role is fundamentally tied to the Islamic faith and requires a belief in and conviction of Islamic principles, which a non-Muslim by definition does not possess. While non-Muslims are permitted to be Syariah specialists, they are not permitted to practice in the Syariah courts.  

• The journey begins with a recognised law degree (either a Shariah degree or a law degree combined with a Diploma in Islamic Administration), professional qualification and admission. Knowledge of Islamic law and Syariah court procedures is crucial. 

• After qualification, lawyers develop this specialisation by practising in Syariah courts and handling family-related matters. Many deepen their expertise through further study in Islamic law. 

This is a very creative field, and it requires you to not just be knowledgeable but also savvy and an excellent communicator.  

Some necessary skills that you can develop in your law course to aid you in this niche is: 

1. Empathy and emotional intelligence 

1. Clear communication 

1. Strong advocacy skills in Syariah proceedings 

1. Cultural and religious sensitivity 

1. Attention to detail in documentation and procedure

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Syariah family law offers meaningful work with a direct impact on people’s lives. The role requires both legal skill and compassion. 

If you value community-focused practice and want to help families navigate important life transitions, this specialisation can be deeply fulfilling, especially if you are a Muslim yourself or has interest in deepening your knowledge and expertise in a niche area of law.