Syariah Courts Enactment 2024

This Enactment shall come into operation on the date of its publication in the Gazette.

[c.i.f. 01.08.2024].

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Interpretation

All words and expressions used in this Enactment and not defined in this Enactment but defined in the Interpretation and General Clauses Enactment 1963 [No. 34 of 1963] shall have the meanings assigned to them respectively to the extent that such meanings do not conflict with Hukum Syarak.

Saving of prerogative

Syariah Subordinate Court for Sabah at such places as he considers fit;

Syariah High Court for Sabah;

Syariah Appeal Court for Sabah; and

Syariah Supreme Court for Sabah.

A person is qualified for appointment under subsection (1) if he —

A person shall be deemed to have Sabah connections for the purpose of subsection (2) if he is a

Malaysian citizen who -

Without prejudice to paragraph (2)(b), before a person under subparagraph (2)(b)(iv) is qualified for such appointment, he must have held either post under subparagraphs (2)(b)(i), (ii) or (iii) for a period of not less than one year.

The Yang di-Pertua Negeri may, on the recommendation of the Majlis, appoint temporarily the most senior Judge of the Syariah Supreme

Court to act as the Chief Syar 'ie Judge for the period -

A person is qualified for appointment as a Syariah Supreme Court Judge under subsection

if he is a citizen and -

A person who is appointed under subsection (1) shall hold office for a period of three years and is eligible for reappointment.

Appointment of Syariah Appeal Court Judge

A person is qualified for appointment under subsection (1) if he is a citizen and -

The Chief Syar 'ie Judge shall appoint a person from amongst the Syariah

Appeal Court Judges as the Chairman of Syariah Appeal Court.

Appointment of Syariah High Court Judge

A person is qualified for appointment under subsection (1) if he is a citizen and, for a period of ten years before his appointment, has served as a syariah officer.

Appointment of Syariah Subordinate Court Judge

A Chief Syar 'ie Judge, Syariah Supreme Court Judge, Syariah Appeal Court

Judge or

Syariah High Court Judge may, at any time, resign from his office by notifying his intention to the

Majlis and send a letter of resignation under his hand to the Yang di-Pertua Negeri and shall only be removed from the office with the approval of the Yang di-Pertua Negeri.

Precedence of Judges

the Chief Syar 'ie Judge;

the Syariah Supreme Court Judge;

Syariah Appeal Court Judge;

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the Syariah High Court Judge; and

the Syariah Subordinate Court Judge.

The Judges of the Syariah Supreme Court, Syariah Appeal Court and Syariah High Court according to the priority of their respective appointments as Judges on their respective Court and where they are appointed on the same date, in such order as may be assigned to them by the Yang di-Pertua Negeri.

The Judges of the Syariah Subordinate Court according to the priority of their respective appointments as Judges and where they are appointed on the same date, in such order as may be assigned to them by the Yang di-Pertua Negeri.

Revocation of appointment of Judges

The Yang di-Pertua Negeri may, on the recommendation of the Chief Syar ’ie Judge, revoke the appointment of any Judge of the Syariah Subordinate Court appointed under section 9.

Appointment of Registrars

A person who, immediately before the commencement of this Enactment, was holding the post of Chief Registrar of the Syariah Appeal Court under the Repealed Enactment and was performing judicial functions shall, on the commencement of this Enactment, continue to hold office as the Chief

Registrar of the Syariah Supreme Court as if he had been appointed under subsection (1).

Appointment of Sulh Offcer

The Syariah Subordinate Court shall -

The Yang di-Pertua Negeri may, on the recommendation of Chief Syar ’ie Judge, by notification in the Gazette, extend the jurisdiction of the Syariah Subordinate Court.

Notwithstanding subsection (1), the Syariah High Court may be presided over by the Chief

Syar 'ie Judge.

The Syariah High Court shall

For the purpose of this section, "Wali Harta" and "Wasi” means Wali Harta and Wasi in accordance with Hukum Syarak.

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Appeal to Syariah High Court

in its criminal jurisdiction, by the prosecutor or by the person convicted, and such appeal may be against an acquittal, a conviction or a sentence or any of them;

in its civil jurisdiction —

by any person aggrieved by the decision, if the amount claimed is not less than three thousand ringgit;

in any other case, if the Syariah High Court gives leave to appeal.

In any appeal, the Syariah High Court may

within fourteen days from the date of the judgment, order or decision in respect of which the application was made; or

in the event that the applicant was not on that date aware thereof and could not by the exercise of reasonable diligence have become so aware, within fourteen days from the date such judgement, order or decision came to his knowledge.

The Syariah High Court, on hearing any application for leave to appeal, may on special ground, extend the time for appealing, notwithstanding that it may have expired.

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Supervisory and revisionary jurisdiction of Syariah High Court

Whenever the Syariah High Court calls for the records of any matter or proceeding under subsection (1), all proceedings in the Syariah Subordinate Court on the matter or proceeding in question shall be stayed pending further order of the Syariah High Court.

When an appeal from a decision of a Syariah Subordinate Court has been determined by the Syariah High Court, the Syariah Appeal Court may on the application of any party before a

Syariah Appeal Court Judge, grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the

Syariah High Court has affected the result of the appeal.

When leave has been granted by the Syariah Appeal Court, it shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah High Court might have made and as it considers just for the disposal of the appeal.

In any proceeding pending before the Syariah Appeal Court any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs and for the dismissal of a proceeding for default in furnishing security so ordered Inay at any time be made by a Syariah Appeal Court Judge.

Every application under subsection (4) shall be deemed to be a proceeding in the Syariah

Appeal Court.

Every order made under subsection (4) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.

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Application for leave to appeal to Syariah Appeal Court

within fourteen days from the date of the judgment, order or decision in respect of which the application was made; or

in the event that the applicant was not on that date aware thereof and could not by the exercise of reasonable diligence have become so aware, within fourteen days from the date such judgement, order or decision came to his knowledge.

The Syariah Appeal Court, on hearing any application for leave to appeal, may on special ground extend the time for appealing, notwithstanding that it may have expired.

Supervisory and revisionary jurisdiction of Syariah Appeal Court

Whenever the Syariah Appeal Court calls for the records of any matter or proceeding under subsection (1), all proceedings in the Syariah High Court on the matter or proceeding shall be stayed pending the further order of the Syariah Appeal Court.

Composition of Syariah Appeal Court

The Chairman of the Syariah Appeal Court shall be the chairman for every proceeding of the

Syariah Appeal Court, except -

Notwithstanding subsection 7(1), the Chief Syar 'ie Judge may appoint any Syariah High

Court Judges to be a member of the Syariah Appeal Court for any particular proceeding if the Chief

Syar 'ie Judge considers it desirable to do so.

Decision of Syariah Appeal Court by majority

The Court shall sit on such dates and at such places as the Chairman of Syariah Appeal

Court may from time to time determine.

The Chairman of Syariah Appeal Court may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Sabah.

The Chairman of Syariah Appeal Court may cancel or postpone any sitting of the Court which has been determined under subsection (1).

Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge

In any such case as is mentioned in subsection (1), if there is no unanimous decision by both of the remaining Judges, the appeal shall be reheard.

If under subsection (1) both parties do not give their consent, or more than one judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal shall be reheard.

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When an appeal from a decision of a Syariah High Court has been decided by the Syariah

Appeal Court, the Syariah Supreme Court may on the application of any party before a Syariah

Supreme Court Judge grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah

Appeal Court has affected the result of the appeal.

When leave to the application under subsection (2) has been granted by the Syariah

Supreme Court, the Court shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah Appeal Court might have made and as it considers just for the disposal of the appeal.

In any proceeding pending before the Syariah Supreme Court, any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs and for the dismissal of a proceeding for default in furnishing security so ordered, may at any time be made by a Judge of the Syariah Supreme Court.

Every application under subsection (4) shall be deemed to be a proceeding in the Syariah

Supreme Court.

Every order made under subsection (4) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.

Application for leave to appeal to Syariah Supreme Court

within thirty days from the date of the judgment, order or decision in respect of which the application was made; or

in the event that the applicant was not on that date aware thereof and could not by the exercise of reasonable diligence have become so aware, within thirty days from the date such judgement, order or decision came to his knowledge.

The Syariah Supreme Court, on hearing any application for leave to appeal, may on special ground, extend the time for appealing, notwithstanding that it may have expired.

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Composition of Syariah Supreme Court

The Chief Syar 'ie Judge shall be the chairman for every proceeding of the Syariah Supreme

Court, except –

Notwithstanding subsection 6(1), the Chief Syar 'ie Judge may appoint any Syariah Appeal

Court Judge to be a member of the Syariah Supreme Court for any particular proceeding if the Chief

Syar 'ie Judge considers it desirable to do so.

Decision of Syariah Supreme Court by majority

The Court shall sit on such dates and at such places as the chairman may from time to time determine.

The chairman may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Sabah.

The chairman may cancel or postpone any sitting of the Court which has been determined under subsection (1).

Continuation of proceedings in Syariah Supreme Court notwithstanding absence of Judge

If, in the course of any proceeding or at any time before the judgment or reserved judgment is delivered, the Syariah Supreme Court Judge hearing the proceeding is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court, then, if both parties consent, the Court shall continue the hearing and the judgment or reserved judgment, as the case may be, shall be delivered by not less than two

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remaining Judges of the Court, and for the purposes of the proceeding, the Court shall be deemed to have been properly constituted.

In any such case as mentioned in subsection (1), proceeding shall be decided in accordance with the majority opinion by the remaining Judges of the Court, and, if there is no majority, the proceeding shall be reheard.

The Chief Syar 'ie Judge may at his discretion, on payment of a prescribed fee, admit any person having sufficient knowledge of Hukum Syarak and laws in force in Sabah relating to

Islamic affair, to be Syar 'ie Lawyer to represent parties in any proceeding before a Syariah

Court.

The Chief Syar 'ie Judge may make rules to

Notwithstanding subsection (1) -

Notwithstanding anything contained in this section, the Chief Syar 'ie Judge may, upon application by or on behalf of any Syar 'ie Lawyer of other states or Federal Territories in Malaysia, grant permission to such person to practise in any case subject to any conditions as specified in the rules made under this Enactment and on the payment of the prescribed fee.

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Notwithstanding anything contained in any other written law, no person, other than a Syar 'ie

Lawyer or a person mentioned in subsection (3), shall be entitled to appear in any Syariah Court on behalf of any party to any proceedings before it.

Any person who contravenes subsections (4) and (5) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

the Chief Syar 'ie Judge and a Syariah Supreme Court Judge may exercise all or any power of a Syariah Court of Appeal Judge and a Syariah High Court Judge; and

the Chairman of the Syariah Appeal Court or a Syariah Appeal Court Judge may exercise all or any of the powers of a Syariah High Court Judge.

Judges code of ethics

No Judge or other person acting judicially shall be liable to be sued in any Syariah Court or civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.

No officer of any Syariah Court or other person bound to execute the lawful warrants or orders or other processes issued by any Judge shall be liable to be sued in any Syariah Court or civil court for the execution of such warrant or order or other process which he would be bound to execute if within the jurisdiction of the person issuing the same.

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No bailiff or other officer of the Court charged with the duty of executing any judgment or order, or of attaching any property before judgment, shall be liable to be sued in any Syariah Court or civil court in respect of any property seized by him, or in respect of damage caused to any property in effecting or attempting to effect the seizure, unless it shall appear that he knowingly acted in excess of the authority conferred upon him by the warrant or order in question, and he shall not be deemed to have acted knowingly in excess of his authority merely by reason of knowing of the existence of a dispute as to the ownership of the property so seized.

Directions of Chief Syar 'ie Judge

There shall be a Rules Committee of the Syariah Courts for the making of rules on the procedure of the Syariah Supreme Court, Syariah Appeal Court, Syariah High Court and Syariah

Subordinate Court or other rules for the implementation of the provisions of this Enactment.

The Rules Committee of the Syariah Courts shall consists of -

The Chief Registrar of the Syariah Supreme Court shall be the Secretary to the Rules

Committee of the Syariah Courts and shall be responsible to carry out the decisions of the Committee.

The Rules Committee of the Syariah Courts may determine its own procedure.

Persons appointed under subparagraphs 2(c)(i), (ii), (iii), (v), (vi) and (vii) shall hold the position for a period of two years and eligible for reappointment.

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The Committee may be paid such allowances as the Minister may determine.

All rules made by the Rules Committee of the Syariah Courts shall be published in the

Gazette.

Open Court

All trials in the Syariah Court shall, subject to any other written law and subsection (2), be open to the public.

Syariah Court may order that the whole or any part of any proceeding before it be held in closed Court if it is satisfied that such order would be in the interest of justice, peace, security or propriety.

Court proceedings through remote communication technology

The place where the proceedings are heard and decided under subsection (1) shall be deemed to be heard and decided within the jurisdiction of the Court.