ENACTMENT NO. 6 OF 1985 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1985
PART III - JURISDICTION OF SYARIAH COURT
Section 11. Syariah Court of Appeal.
(1) The Syariah Court of Appeal shall consist of three members, one of whom shall be the Government's Mufti who shall be the Chairman and the other two members shall be selected from a panel of at lease seven Muslim persons appointed by the Yang di-Pertuan Agong and the appointment of the panel shall be notified in the Gazette.
(2) An appeal shall lie to the Syariah Court of Appeal from any decision of the Court of Kadi Besar or the Court of District Kadi:
(a) in its jurisdiction:
(i) by a person convicted and sentenced to imprisonment or to a fine not les than fifty ringgit; such appeal may be mde against conviction or sentence or both;
(ii) by a person who conducts the prosecution such appeal may be made against sentence or order of acquittal or dismissal of the prosecution's case or both.
(b) in its civil jurisdiction:
(i) by any person aggrieved by or dissatisfied with the decision if the amount claimed is less than two hundred and fifty ringgit;
(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 other cases, if the Syariah Court of Appeal shall give leave to appeal.
(3) Where a person appeals against the decision of any Court or apply for leave to appeal in accordance with paragraph (d) of subsection (2), the Syariah Court of Appeal shall hear such appeal or application for leave to appeal.
(4) On any appeal, the Syariah Court of Appeal may:
(a) in a criminal matter, quash the conviction, set aside, reduce, confirm or enchance the sentence, dismiss the appeal or order a retrial 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 sa the trial Court ought to have made or order a retrial.
(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 Syariah Court of Appeal, 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 appeallant 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 te Syariah Court of Appeal, 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 Syariah Court of Appeal. The Syariah Court of Appeal 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) An appeal under this Enactment shall not operate as a stay of the order unless the Court orders otherwise and in staying an order the Court may impose conditions as it may think fit.