ENACTMENT No. 1 Of 1983
MAHKAMAH SYARIAH ENACTMENT 1983

PART III - COURT OF APPEAL



Section 10. Establishment and Constitution.

(1) His Highness the Sultan may by order establish a Court of Appeal for the State.

(2) The Court of Appeal shall consists of a Kadi Besar, three Deputies Kadi Besar and three other persons appointed by His Highness the Sultan from time to time by notification in the Gazette who in the opinion of His Highness the Sultan are qualified to sit in the Court of Appeal.

(3) Every proceeding of the Court of Appeal shall be heard and disposed of by at least the Kadi Besar who shall preside, a Deputy Kadi Besar and one other person appointed by His Highness the Sultan under subsection (2):

Provided that in the absence of the Kadi Besar the Court of Appeal shall comprise of the Deputies Kadi Besar and one other person appointed by His Highness the Sultan under sub-section (2) and shall be presided by the more senior Deputy Kadi Besar:

Provided further that if the appeal is against the decision of the Kadi Besar sitting as a Kadi, the Court of Appeal shall comprise of two Deputies Kadi Beasr and shall be presided by a person appointed by His Highness the Sultan under sub-section (2) who shall be elected by the two Deputies Kadi Besar.




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