|1||Name of Course||Civil and Criminal Procedure in Syariah Court|
|4||Rational for the Inclusion of the Course in the Programme||To equip the students with the knowledge on civil and criminal procedures applicable in the Syariah Court|
|5||Semester and Year offered||Semester 9 (Year 5)|
|6|| Student Learning Time
|7||Credit Value||2 (95 / 40 = 2.37)|
|8||Pre-requisite (if any)||None|
|9||Learning outcomes||Upon successful completion of this course, students should have the ability to:
|10||Transferable skills||Students should be able to develop good written and interpersonal communication skills, teamwork, leadership and problem-solving skills through a process of lectures and tutorials.|
|11||Teaching-Learning and Assessment Strategy||Teaching-learning strategy:
The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.
|12||Synopsis||This course refers to the Kanun Acara Mal Mahkamah Syariah or Enakmen Prosedur Mal Syariah negeri-negeri in Malaysia and Arahan Amalan introduced by Jabatan Kehakiman Syariah Malaysia (JKSM) from time to time. It touches on the hierarchy and jurisdictions of the syariah courts in trying civil (mal) cases which begins with the wakalah (appointment of peguam syarie), the filing of summons and its service, the preparation of the statement of claim, statement of defence, counter claim, affidavit etc. Students are also guided about the exchange documents amongst the parties, the trial process, judgment, judgment in default, execution and enforcement of court order as well as the appeal process. Reference will be made to civil cases reported in the Jurnal Hukum and Jurnal Syariah.
From the aspects of criminal proceedings, this course will refer to the Kanun Acara Jenayah Mahkamah Syariah or Enakmen Prosedur Jenayah Syariah negeri-negeri in Malaysia and Arahan Amalan introduced by JKSM from time to time. Students will be exposed to court procedures pertaining to arrest under the jurisdiction of the state Islamic religious department and the police powers in effecting an arrest, arrest warrant, search warrant, initiating criminal proceeding, framing a charge and prosecution, trial, judgment , sentencing, appeal and revision. Reference will also be made to criminal cases reported in Jurnal Hukum
|13||Mode of Delivery||Lecture, tutorial, class discussion and presentation.|
|14||Assessment Methods and Types||
|15||Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes||Refer to attachment|
|16|| Content Outline and the SLT per Topic
*Note: Total SLT / Topic  + Preparation for/and examination  = 90 hours.
|18||Additional references||1. Ahmad Hidayat Buang (Editor). 1998. Undang-undang Islam di Mahkamah-Mahkamah Syariah di Malaysia. Akademi Pengajian Islam Universiti Malaya.
2. Mimi Kamariah Majid. Pentadbiran Keadilan jenayah di Malaysia.
3. Hamid Sultan bin Abu Backer. 1995. Janab’s Key to Civil Procedure in Malaysia & Singapore. Kuala Lumpur: Hamid Sultan Publication.
4. Ahmad Ibrahim & Ahilemah Joned. 1995. The Malaysian Legal System. 2nd Ed. Petaling Jaya
COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE
|Course Learning Outcomes||Compliance to PO||Teaching & Learning Activities (TLAs)||Assessment Tasks (ATs)|
|1-sketch the current syariah court procedures regulating civil and criminal proceedings (LO2-P3)||3||Classroom lecture and discussion||Written test|
|2-study relevant documents such as affidavits, pleadings and court forms and relate them with practice; (LO4-P4)||3||Presentation||Instructor evaluation of the presentation|
|3-display their skills to analyse current setbacks pertaining to syariah court procedures; (LO5-A4)||3||Assignment||Instructor evaluation of the assignment|