In the following scenarios, the state which court the following matters will be heard and discuss the civil and criminal jurisdiction of that court:

a) Ash who is 16 years old has been charged for the murder of Tina.

b) Dash borrowed RM800,000 from Sash and had not returned the money.

c) Mamat married Minah as a second wife and now wishes to divorce her.

Ansewr:

A) Here, Ash is a minor, and he is most probably to be tried in a juvenile court, however there are many factors which can affect the probabilities and he may be tried at a criminal Court too. In most states, when children are accused of criminal acts, the case most often is addressed in a juvenile court, not in the adult criminal court system. All states, however, have provisions that allow or require the courts to treat juveniles in certain cases as adults. In those cases, the juvenile is tried in adult criminal court and, if convicted, punished as an adult. The cases in which children are tried as adults usually involve very serious charges or a child who already has a significant history of criminal activity, however, If a minor is charged with murder, has almost reached the age of majority, has a long record of prior criminal activity (especially violent crimes like assault and battery), and already has received services in the juvenile justice system like counseling and confinement in a juvenile facility, a judge likely would decide the minor should be charged as an adult. If a crime is particularly violent and brutal, the judge could order the child tried as an adult based on only the crime, regardless of the child's age, criminal history, or other factors.

b.

Matters concerning moneylending often are heard in Civil courts only. The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court. This suit consists of an important declaration stating the specific relief the lender pleas and the relief should not be beyond the ambit of the order as final relief. The first step is drafting the summary suit and then it should be summoned to the person who borrowed money. The court requires a certain document to produce before them, along with the plain copy and summons. Once the suit is filed, the defendant will be asked to appear before the court within 10 days. If the person failed to appear, the lender has to show the summons he sent before and then the court orders him to send another summon. If the person has any defence he can claim before the court, if not the court will assume the lender’s allegation as true and reward the judgment accordingly.

c.

In Malaysia, there are two sets of laws that are applicable in personal matters of intestacy, marriage, divorce, custody of children and division of assets on the breakdown of a marriage: the laws governing non-Muslims, and the laws governing Muslims. They are distinct and separate jurisdictions. The law governing non-Muslims is applied in the civil courts while that governing Muslims (Islamic Sharia Law) is applied in the religious courts (the Syariah courts). This question is concerning muslim couples hence it is most probably to ve heard by a syariah court.