ENACTMENT NO. 3 OF 1982 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1982
PART III - JURISDICTION OF SYARIAH COURT
Section 12. Court of Appeal.
(1) An appeal shall lie to the Mahkamah Rayuan Syariah from any decision of the Court of Qadhi Besar or the Court of a Qadhi Khas or the Court of a Qadhi Jajahan:
(a) in its criminal jurisdiction:
(i) by a person convicted and sentenced to imprisonment or to a fine, such :appeal may be made against conviction or sentence or both;
(ii) by the person who conducts the prosecution such appeal may be made against sentence or order of acquittal or dismissal of the prosecutions case or both;
(b) in its civil jurisdiction:
(i) by any person aggrieved by or dissatisfied with the decision;
(ii) in all cases involving any decision as to personal status, by any person aggrieved by or dissatisfied with the decision;
(iii) in all cases relating to maintenance of dependants, by any person aggrieved by or dissatisfied with the judgment, order or decision:
Provided that no such appeal shall lie against a decision made by consent.
(c) In any case provided for by the provisions in this Enactment; and
(d) in any other case, if the Mahkamah Rayuan Syariah shall give leave to appeal.
(2) The Mahkamah Rayuan Syariah shalL consist of three members, one of whom shall be the Mufti Keraiaan who shall be the Chairman and the other two members shall be selected from a panel of at least five persons appointed by His Royal Highness the Sultan, with the instrument under His sign manual and Seal.
(3) Where a person appeals against the decision of any Court or apply for leave to appeal in accordance with the provisions of sub-section (1) (d), the Mahkamah Rayuan Syariah shall hear such appeal or leave to appeal.
(4) On any appeal, the Mahkamah Rayuan Syariah
may:
(a) in a criminal matter, quash the conviction, set aside, reduce, confirm or enhance the sentence, dismiss the appeal or order a re-trial or convict the accused and sentence him according to law;
(b) in a civil matter, confirm, reverse or vary the judgment, order or 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 re-trial.
(5) No appeal shall be allowed or re-trial ordered on grounds of irregularity of procedure or wrongful admission of evidence unless a failure of justice, has been occasioned thereby.
(6) Whenever any appeal shall lie or any application for leave to appeal is made to the Mahkamah Rayuan Syariah, such appeal shall be brought or application for leave to appeal shall be made by giving or filing the appropriate notice or petition within fourteen days after the occurrence of the act, omission, judgment, order, decree or decision appealed from, or in respect of which the 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, decree or decision shall have come to appellant's knowledge:
Provided that the Mahkamah Rayuan Syariah, on hearing any application for leave to appeal may, on special grounds which shall include the discovery of new and important matter or evidence, extend the time for appealing, notwithstanding that such time may have expired.
(7) Appeals shall be heard in open Court and be decided in accordance with the opinion of the majority of the members of the Mahkamah Rayuan Syariah. The Mahkamah Rayuan Syariah shall prepare a certificate, signed by the Chairman setting out the grounds of decision. A copy of such certificate shall be supplied to the trial Court.
(8) (a) An appeal under this Enactment shall not operate as a stay of the order unless the Court orders otherwise.
(b) In staying an order the Court may impose conditions as it may think fit.
(9) There shall be no appeal from a decision of the Mahkamah Rayuan Syariah, except that if the Mahkamah Rayuan Syariah is satisfied that new and important matter or evidence has been discovered, His Royal Highness the Sultan may direct that the case be reconsidered by the Mahkamah Rayuan Syariah.
(10) This Chairman of the Mahkamah Rayuan Syariah may for the purpose of determining the correctness, legality or propriety of any finding, sentence or order recorded or passed by, any of the Court appealed from whether in a criminal or civil case, or the regularity of any proceedings in such Court, call for any record of such Court.