ENACTMENT NO. 2 OF 2000 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1991 (AMENDMENT) 1996
Section 7. [No title]
The Enactment is amended by including, after section 9, the following sections -
Appeal to Syariah High Court.
"9A. (1) An appeal to the Syariah High Court shall lie from any decision of a Syariah Subordinate Court in the following instances :
(a) in criminal jurisdiction by the prosecution or by a person convicted of an offence and the appeal may be against any order of acquittal, conviction or sentence or against any one of the orders;
(b) in mal jurisdiction :
(i) by any person aggrieved by the decision if the amount claimed is not less than Ringgit Malaysia one thousand;
(ii) in all cases involving any decision as to the personal status by any person aggrieved by such decison;
(iii) in all cases relating to maintenance of dependants, by any person aggrieved by such decision,
but no appeal shall lie against a decision made by consent of the party involved; and
(c) in any other case, if the Syariah High Court gives leave to appeal.
(2) On any appeal the Syariah High Court may:
(a) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or make further investigations, enhance or alter the nature of the sentence imposed, order a retrial, or later or reverse any order of the trial Court;
(b) in a mal matter, confirm, reverse or vary the decision of the trial Court, exercise any such power as the trial Court could have exercised, make such order as the trial Court ought to have made or order a retrial.
Application for leave to appeal.
9B. (1) An appeal or application for leave to appeal under section 9A (1) (c) shall be made to the Syariah High Court in the manner provided, within fourteen (14) days from the date of the sentence, order or decision in respect of which the application is made.
(2) The Syariah High Court in 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 the Syariah High Court.
9C. (1) The Syariah High Court shall have supervisory and revisionary jurisdiction over all Syariah Subordinate Court and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceedings whether mal or criminal, in any Syariah Subordiante Court, call and examine any records and may exercise any of the powers under section 9A (2) or dispense any orders deemed fit in the interest of justice.
(2) Whenever the Syariah High Court calls for the records under sub-section (1), all proceedings in the Syariah Subordinate Court on the matter or proceedings in question shall be stayed pending further order of the Syariah High Court".