Filing a case in the Shariah Court can feel overwhelming, but getting your paperwork right from the very start is the best way to ensure everything goes smoothly.
Before you head to the registry, you first need to know how your civil (Mal) case is categorized. In the Shariah Court system, cases are split into two types of registrations:
- Claims (Tuntutan): Any legal action started by filing a Summons alongside a Statement of Claim.
- Applications (Permohonan): Any legal action started by filing a Notice of Application alongside a Supporting Affidavit.
Once you know which category your case falls under, it’s time to gather your documents. Here is the ultimate checklist of what the court requires.
The Basic Document Checklist
These are the fundamental documents required for almost all Shariah civil cases:
| No. | Required Document |
|---|---|
| 1 | Summons & Statement of Claim OR Notice of Application & Supporting Affidavit |
| 2 | Copy of Identity Card (MyKad) / Passport (for both Plaintiff & Defendant) |
| 3 | Copy of Marriage Certificate (Surat Perakuan Nikah) |
| 4 | Copy of Divorce Certificate (Surat Perakuan Cerai), if applicable |
| 5 | Copy of Children’s Birth Certificates (if children are involved) |
| 6 | Personal Information Form (Borang Maklumat Diri) |
Keep in Mind: This is just the basic list. Depending on your specific case, you will need extra evidence. For example, if you are filing for Matrimonial Property (Harta Sepencarian), you must also provide proof of property ownership (deeds, agreements) and your latest payslips.
4 Golden Rules for Successful Filing
The Shariah Court registry is strict about paperwork. To make sure your application isn’t rejected at the counter, follow these guidelines:
- Keep It Neat: Ensure every application form is filled out clearly, neatly, and is easily legible.
- A4 Paper Only: Every single document photocopy must be printed on standard A4-sized paper.
- The Rule of 3: You must prepare at least three (3) complete copies of every single document. If your case involves more than one opposing party, you need to print extra copies of the Summons/documents for them too.
- Authorized Filing Only: A case can only be registered by the Plaintiff themselves or by their officially appointed Shariah Lawyer (Peguam Syarie).
Warning: If your documents are incomplete or messy, the counter WILL REJECT your registration. Double-check everything before you queue up!