Section 60. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge. (ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

ENACTMENT NO. 4 OF 2004
ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

PART IV - SYARIAH COURTS

Section 60. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge.

(1) If, in the course of any proceeding in an appeal or at any time before the judgement is delivered, any Syariah Appeal Court Judge hearing the proceeding is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his functions as a Judge of that Court, then, if both parties consent, the hearing shall continue and judgement or reserved judgement, 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 re-heard.

(3) If under subsection (1) both parties do not gie 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 re-heard.