Section 49. Appeal to Syariah High Court. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

Enactment No 3 Of 1991
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

PART III - SYARIAH COURTS

Section 49. Appeal to Syariah High Court.

(1) An appeal shall lie to the Syariah High Court from any decision of a Syariah Subordinate Court-

(a)

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

(b)

in the civil

(mal)

jurisdiction-

(i) by any person aggrieved by the decision, if the amount claimed is not less than five hundred ringgit;

(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 appeal shall lie against a decision made by consent; and

(c)

in other cases, 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, conviction or sentence of the appellant, order the trial Court to call for the defence or make further enquiry, enhance or alter the nature of the sentence, order a retrial, or alter or reverse any order of the trial Court; and

(b)

in a civil

(mal)

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