
Kelantan executive councillor Asri Mat Daud said a detailed study is being conducted by the state government’s legal division, Utusan Malaysia reported.
“The study takes into account various factors, including legal requirements, institutional capacity, the rising caseload, and best practices from other states,” he told the state assembly in response to a question from Zameri Mat Nawang (PAS-Jelawat).
Asri, who is chairman of the state Islamic development, dakwah, information, and external relations committee, said the move was aimed at strengthening the shariah justice system.
He said that at present, shariah high court decisions has only one avenue of appeal, compared with cases that originated from the subordinate shariah court, which has two levels of appeal.
“This creates an imbalance in access to justice, whereas Islam calls for comprehensive justice without discrimination between litigating parties,” Asri said.
He added that the growing caseload was another key factor, particularly following amendments to the Syariah Criminal Code Enactment 2019, which had led to a marked increase in case registrations and trials at the shariah high court.
“Recent legal developments, such as the drafting of new enactments on hibah (gift transfers) and Islamic family law, are expected to further increase both the complexity and volume of cases in the future,” he said.
Asri, who is the Demit assemblyman, said the experience of other states such as Perlis, Kedah, Pahang and Terengganu, which have implemented or are in the process of implementing a four-tier system, showed that this restructuring was both realistic and necessary.
In August 2024, the Kedah legislative assembly unanimously passed a bill to include provisions relating to the establishment of a shariah premier court.
The Perak government had introduced a supreme court in its shariah judiciary structure in 2018.