The High Court may hear appeals from the Magistrates and Session Courts in both civil and criminal matters. Amount in dispute in any civil matters must exceed ARM 10, 000 except where it involves a question of law While the session Court may CIVIL JURISDICTION A session court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant and distress actions. The session court may also hear other matters where the amount in dispute does not exceed Arm 1,000,000 A session court has Jurisdiction to try all criminal offences except those punishable by death . 2. 1. 3 Customary Law Customs are another important source of unwritten law. Every race has its own customs.
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Hindu and Chinese customary law applied to the Hindus and Chinese respectively. Besides that, natives in Saba and Karakas have their own customary law which relates to the land and family matters. In Malaysia, there are two types of Dada which is the Dada Perpetrate and Dada Attempting. Dada Perpetrate is practiced among the Malay in Niger Assemble and Nanning in Malice. It uses the matrilineal system which belongs to mother’s lineage, meaning to say it involves the inheritance of property, names or titles from mother to daughters. It also concerns with matters such as land tenure, lineage, inheritance and election of members f lumbago and Yang did-Perturb Baser.
As for Dada Attempting, it is practiced in other states and it uses the patrimonial system which belongs to father’s lineage. Dada perpetrate Dada attempting Nature Matriarchal/Patriarchal In custom Preparer women have positions in society The women have the right to inherit property and priority in Paternity of offspring also measured through quarterly principal The daughter of the foundation in the existence of the tribe. The / different custom Attempting men have a position in the family Sons have the right to inheritance Chronology calculated from the male lineage. Men also serves as head of the family. Administration Preparer custom is democratic: Power is divided from the lowest hierarchy – Peru, Buyback, Lumbago Dan Unhand.
Selection is done with the consent of the head of the head that are in each stage Peru will choose Buyback, Buyback Choose the Lumbago, Lumbago Choose Unhand and Unhand chose Yang Did perturb Baser Instead Custom Attempting nature of autocracy (absolute power): strengthen the power of the sultan’s prerogative, for example: color Administration headed by a king / sultan and supported by glass. Sultan appoints speaker Magnifying the bottom is the village chief Sultan serves as a symbol of unity between the people and the head of state sultan’s son is the heir to the throne had no sons, the younger brother will inherit the throne of the sultan Legislation In Customary criminal law Preparer more of a recovery to increase awareness situation.
The equal compensated will be given according the cases, damages will be charged according to the level of such an injured will be paid with chicken or lamb Theft victims will be able to recover the replacement bags and killer will bear the family life of the victim. May the Great or Law can only condemn murder Yang Departure Baser or Unhand can only condemn murder The Attempting custom nature of vengeance and tougher laws punishment for murder is death response, stealing hands cutoff. Only the king / sultan to be sentenced to death. Division Of Property In Preparer Custom Family-owned Property: Distribution of the estate inherited from mother to daughter on which the existence of the tribe. Hereditary estate belongs to the tribe. Search property: property acquired by spouses during the partnership.
If there is a divorce property will divided by two. Real result: harmonious property is in the wife before marriage. If there is a divorce, the property remains in the hands of wife. Real temperament: property owned by the husband before the marriage, the wife cannot claim his property The custom Attempting individual Possessions: Based on Islamic law and give Justice to all parties. Sons are entitled to inherit the estate of rate 2/3 compared to girls because based on responsibility tad larger family. Daughter is entitled to inherit the estate off fraction of 1/3 part. In conclusion, Preparer custom and custom Attempting obviously have differences.