ENACTMENT No. 8 Of 2008
SYARIAH COURTS (KEDAH DARUL AMAN) ENACTMENT 2008

PART III - SYARIAH APPEAL COURT



Section 10. Continuation of proceeding in Syariah Appeal Court notwithstanding absence of Judge

(1) If, in the course of any proceedings in an appeal or at any time before the judgment is delivered, any Judge of the Syariah Appeal Court hearing the proceedings is unable, through illness or any other cause to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court then, if both parties consent, the hearing shall continue and judgment or reserved judgment, as the case may be, shall be given by the remaining two judges of the Court, and for the purposes of the appeal the Court shall be deemed to have been properly constituted.

(2) In any such case as is mentioned in subsection (1), if there is no unanimous decision by both of the remaining Judges, the appeal shall be reheard.

(3) If under subsection (1) both parties do not give their consent, or more than one Judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal shall be reheard.




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