Syarie Lawyer In Shah Alam & Bukit Jelutong — Islamic Family Law, Inheritance & Estate Planning
For Muslim clients, our team includes a qualified Syarie lawyer who advises on Faraid distribution, Hibah structuring, and Wasiat drafting in full compliance with Hukum Syarak and Malaysian Syariah Court requirements. This makes us one of the very few law firms in Shah Alam able to handle both your civil will and your Islamic estate planning needs under one roof.
What We Do
- Matrimonial Proceedings: Divorce (Talaq, Khuluk, Fasakh, Taklik) and Hakam.
- Ancillary Claims: Muta’ah, Nafkah Iddah, and Harta Sepencarian (Matrimonial Property).
- Estate Planning: Preparation and execution of Hibah and Wasiat (Islamic Wills).
- Succession & Inheritance: Faraid certificates and distribution of estates.
- Legal Validation: Registration of foreign marriages and divorce confirmations.
Why Expert Syarie Representation Matters
Islamic law in Malaysia is governed by state-specific enactments, such as the Islamic Family Law (State of Selangor) Enactment 2003. From the mediation process (Sulh) to the formal trial, every step requires strict adherence to Shariah principles and procedural law. Our firm ensures that your rights whether as a spouse, parent, or heir are vigorously protected while upholding the sanctity of Islamic jurisprudence.
Our Services
Matrimonial & Divorce
- Divorce Petitions: Filing for Divorce by Consent, Fasakh (judicial dissolution), or Khuluk (divorce by redemption).
- Breach of Taklik: Legal action based on the violation of marriage contract terms.
- Hakam Representation: Appointment of arbitrators in cases of Shiqaq (irreconcilable differences).
- Marriage Validation (Lelaki/Perempuan): Confirmation of marriage (Pengesahan Nikah) for unions performed abroad or without prior court permission.
- Divorce Validation: Formalizing out-of-court pronouncements of Talaq.
Ancillary & Financial Claims
- Harta Sepencarian: Claims for matrimonial property acquired during the marriage.
- Muta’ah: Filing for consolatory gifts following a divorce.
- Nafkah Iddah: Claims for maintenance during the waiting period.
- Nafkah Tertunggak: Recovery of unpaid past maintenance.
Child Custody & Support
- Hadhanah: Applications for permanent, temporary, or joint custody of children.
- Visitation Rights: Securing access and staying orders for non-custodial parents.
- Child Maintenance (Nafkah Anak): Calculating and enforcing financial support for education, healthcare, and daily needs.
- Changing Custody: Applications to vary existing custody orders due to a change in circumstances.
Islamic Estate Planning
- Hibah Documents: Drafting and executing “gifts” to ensure specific assets bypass Faraid restrictions.
- Wasiat (Islamic Will): Drafting wills for the 1/3 portion of the estate allowable to non-heirs.
- Hibah Amanah: Specialized trust structures for property and investments.
- Declaration of Hibah: Legalizing inter-vivos transfers to prevent future family disputes.
Inheritance & Faraid
- Faraid Calculations: Expert advisory on the Islamic law of succession.
- Faraid Certificate Application: Representing heirs in the Shariah Court to determine legal shares.
- Estate Distribution: Facilitating the division of assets among rightful heirs (Warisan).
- Bicara Pusaka: Representing clients in Shariah Court inheritance hearings.
Caveats & Shariah Enforcement
- Injunctions: Applications to prevent the disposal of matrimonial property or the removal of children from the jurisdiction.
- Committal Proceedings: Enforcing court orders when a party fails to pay maintenance or follow custody schedules.
- Sita & Lampir: Attachment and seizure of property to satisfy Shariah Court judgments.
Serving the Community
We represent clients in the Shariah Subordinate, High, and Appeal Courts across Selangor and Kuala Lumpur. Based in the heart of Shah Alam, we are strategically located to serve residents of Bukit Jelutong, Setia Alam, Kota Kemuning, Denai Alam, and Subang Jaya. Whether you need a consultation on your matrimonial rights or wish to secure your legacy through an Islamic estate plan, Zaim Sabrina & Co offers the professional clarity and empathy you deserve.
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Meet Muhamad Adib
Your Syarie lawyer at ZASCO
FAQ – Syarie Law
A civil lawyer is admitted to the High Court of Malaya under the Legal Profession Act 1976 and handles matters in the civil courts including contract disputes, property transactions, company law, and civil litigation. A Syarie lawyer (Peguam Syarie) is separately qualified under State Islamic law enactments and is authorised to appear in the Syariah Courts. Syariah Courts have jurisdiction over personal and family law matters involving Muslims including marriage, divorce, custody, inheritance, and religious offences. A civil lawyer cannot represent you in the Syariah Court, and a Syarie lawyer cannot appear in the civil courts. Our firm has both.
The Syariah Courts in Malaysia have jurisdiction only over Muslims. A non-Muslim cannot be a party in Syariah Court proceedings, except in limited circumstances such as conversion cases or disputes involving a Muslim spouse. However, non-Muslims may seek advice on matters that intersect with Islamic law for example, if a non-Muslim is a beneficiary in the estate of a Muslim family member or is involved in a property dispute with a Muslim party where Islamic law principles are relevant.
The duration of a Syariah Court divorce case in Selangor depends on the type of divorce sought and whether both parties consent. A divorce by consent (talak) can be formalised relatively quickly once the relevant documentation is in order. A contested fasakh (judicial dissolution) or divorce involving disputes over custody, maintenance, or matrimonial property typically takes significantly longer ranging from several months to over a year depending on the complexity of the matter and court scheduling. Engaging a qualified Syarie lawyer from the outset helps avoid procedural delays.
Harta sepencarian refers to matrimonial property acquired jointly during a marriage it is a right that arises from the marriage relationship itself, not from inheritance. Upon divorce, each spouse may have a claim to a share of harta sepencarian regardless of whose name the property is registered in. Inheritance, on the other hand, refers to assets distributed after death under Faraid rules or through a wasiat. The two operate under different legal frameworks and are heard in different Syariah Court proceedings.
A wasiat and hibah can be drafted by a qualified civil lawyer with knowledge of Islamic estate planning. However, if your hibah or wasiat becomes the subject of a dispute or if you need to obtain a Sijil Faraid or represent heirs in a Syariah Court inheritance hearing — a qualified Syarie lawyer is required to appear and represent you. At Zaim Sabrina & Co, our team includes both civil lawyers with Islamic estate planning expertise and a qualified Syarie lawyer, allowing us to handle the full spectrum of your estate matter under one roof.