I refer to the article Syariah courts are inferior to civil courts by lawyer Haris Ibrahim.
With due respect, Haris has omitted the most important point in that the Courts of Judicature Act (CJA) does not mention the syariah courts in its category of inferior courts. By that count, the Syariah Court is outside the CJA and could not by any imagination be rendered 'inferior' by that omission.
The theory is, all 'inferior courts' and lesser tribunals - like the Industrial Court for example - are subject to judicial review. However, Haris may have misunderstood the concept of judicial review. It could mean having resort to the superior courts (as per the CJA) for appeal, etc.
Haris should, however, make a distinction between such a judicial review as commonly
understood and a judicial review as in cases of constitutional trespass.
It is important for counsel to understand these distinctions at law and ensure the best representation to his clients.
