Section 41. Appeals. (ADMINISTRATION OF MUSLIM LAW

ENACTMENT No. 1 Of 1959
ADMINISTRATION OF MUSLIM LAW

PART III - RELIGIOUS COURTS-CONSTITUTION AND JURISDICTION

Section 41. Appeals.

(1) The Yang di-Pertuan Agong shall annually nominate the Mufti and seven or more fit and proper Muslims to form a panel of persons from among whom an Appeal Committee of three may be selected.

(2) An appeal shall lie to the Appeal Committee from any decision of the Court of the Kathi Besar or a Court of a Kathi-

(a) in its criminal jurisdictiction, by a person convicted and sentenced to imprisonment or to a fine of not less than twenty five dollars; such appeal may be against conviction or sentence or both;

(b)

in its civil jurisdiction:

(i) by any person aggrieved by the decision, if the amount in issue on the appeal is not less than one hundred dollars;

(ii) in all cases involving any decision as to personal status, by any person aggrieved by the decision;

(iii) in all cases relating to maintenance of dependants, by any person aggrieved by the decision:

Provided that no such appeal shall lie against a decision made by consent; and

(c) in any other case, if the Appeal Committee shall give leave to appeal.

(3) On any person appealing a ainst the decision of the Court of the Kathi Besar or a Court of a Kathi or applying for leave to appeal in accordance with the provisions of sub-section (2) of this section, the resident shall select three persons from the panel to form an Appeal Committee to hear such appeal or application or leave to appeal. The Mufti, if he is a member, shall be Chairman of such Appeal Committee.

(4) On any appeal an Appeal Committee may-

(a)

in a criminal matter, quash the conviction, quash or reduce or enhance the sentence, or order a retrial;

(b)

in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such powers as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a retrial.

(5) Whenever any appeal shall lie or any application for leave to appeal is made to the Appeal Committee, such appeal shall be brought or application for leave to appeal shall be made by giving or lodging the appropriate notice or petition, or in such other manner as may be prescribed, but in any event within fourteen days after the occurrence of the act, omission, judgment, order or decision appealed from, or in respect of which an application for leave to appeal is made or, in the event that the appellant was not at the time of such occurrence aware thereof and could not by the exercise of reasonable diligence have been so aware, within fourteen days after such act, omission, judgment, order or decision shall have come to the appellant's knowledge:

Provided that an Appeal Committee on hearing any application for leave to appeal may on special grounds extend the time for appealing, notwithstanding that such time may have expired.

(6) The Yang di-Pertuan Agong may make Rules prescribing the procedure for the making of appeals and applications for leave to appeal.