Constitution
of Malaysia
NINTH
SCHEDULE
LEGISLATIVE LISTS
List I - Federal List
Civil
and criminal law and procedure and the administration of justice,
including -
(a)
Constitution and organization of all courts other that Syariah
Courts;
(b) Jurisdiction and powers of all such courts.
(c) Remuneration and other privileges of the judges and officers
presiding over such courts;
(d) Persons entitled to practise before such courts;
(e) Subject to paragraph (ii), the following -
(i) Contract, partnership, agency and other special contracts;
master and servant; inns and inn-keepers; actionable wrongs,
property and its transfer and hypothecation, except land, bona
bacantia; equity and trusts, marriage, divorce and legitimacy;
married women's property and status; interpretation of federal
law; negotiable instruments; statutory declarations; arbitration;
mercantile law; registration of businesses and business names;
age of majority; infants and minors; adoption; succession, testate
and intestate; probate and letters of administration; bankruptcy
and insolvency; oaths and affirmations; limitation; reciprocal
enforcement of judgments and orders; the law of evidence;
(ii)
the matters mentioned in paragraph (i) do not include Islamic
personal law relating to marriage, divorce, guardianship, maintenance,
adoption, legitimacy, family law, gifts or succession, testate
and intestate;
List
II - State List
1. Except with respect to the Federal Territories of Kuala Lumpur
and Labuan, Islamic law and personal and family law of persons
professing the religion of Islam, including the Islamic law
relating to succession, testate and intestate, betrothal, marriage,
divorce, dower, maintenance, adoption, legitimacy guardianship,
gifts, partitions and non-charitable trusts; Wakafs and the
definition and regulation of charitable and religious endowments,
institutions, trusts, charities and charitable institutions
operating wholly within the State; Malay customs. Zakat, Fitrah
and Baitulmal or similar Islamic religious revenue, mosques
or any Islamic public places of worship, creation and punishment
of offences by persons professing the religion of Islam against
precepts of that religion, except in regard to matters included
in the Federal List; the constitution, organisation and procedure
of Syariah courts, which shall have jurisdiction only over person
professing the religion of Islam and in respect only of any
of the matters included in this paragraph, but shall not have
jurisdiction in respect of offences except in so fat as conferred
by federal law*, the control of propagating doctrines and beliefs
among persons professing the religion of Islam; the determination
of matters of Islamic law and doctrine Malay custom.
List
IIA - Supplement to State List for State of Sabah and Sarawak
13. Native law and custom, including the personal law relating
to marriage, divorce, guardianship, maintenance, adoption, legitimacy,
family law, gifts or succession testate or intestate; registration
of adoptions under native law or custom; the determination of
matters of native law or custom; the constitution, organization
and procedure of native courts (including the right of audience
in such courts), and the jurisdiction and powers of such courts,
which shall extend only to the matters included in this paragraph
and shall not include jurisdiction in respect of offences except
in so far as conferred by federal law.
List
IIIA - Supplement to Concurrent List for State of Sabah and
Sarawak
10. Personal law relating to marriage, divorce, guardianship,
maintenance, adoption, legitimacy, family law, gifts or succession
testate and intestate.