ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART IV - PROCEEDINGS IN PROSECUTIONS Chapter X - OF TRIALS
Section 98. Procedure in trials.
The following procedure shall be observed by Kadi in trial-
(a) When the accused or is brought before the court a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried;
(b) if the accused pleads guilty to a charge whether as originally framed or as amended the plea shall be recorded and he may be convicted thereon:
Provided that before a plea of guilty is recorded the court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him;
(c) if the accused refuses to plead or does not plead or claims trial, the court shall proceed to hear the complaint (if any) and to take all such evidence as may be produced in support of the prosecution;
(d) when the court thinks it necessary it shall obtain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary;
(e) the accused shall be allowed to cross-examine all the witnesses for the prosecutions;
(f) if, upon taking all the evidence herein before referred to, the court finds that case against the accused has been made out which if unrebutted would warrant his conviction the court shall order the accused to take an oath according to Hukum Syarak, denying the charges and record an order of acquittal;
(g) nothing in paragraph (f) shall be deemed to prevent the court from discharging the accused at any previous stage of the case if for reasons to be recorded by the court it considers the charge to be groundless;
(h) if, when such evidence has been taken, the court is of the opinion that there are grounds for presuming that the accused has committed the offence charged or some other offence which such court is competent to try and which in its opinion it ought to try, it shall consider the charge recorded against the accused and decide whether it is sufficient and, if necessary, shall amend the same;
(i) the charge if amended shall be read to the accused as amended and he shall be again asked whether he is guilty or has any defence to make;
(j) if the accused does not plead guilty to the charge as amended or if no amendment is made the accused shall then be called upon to enter upon his defence and to produce his evidence, and shall at any time while he is making his defence be allowed to recall and cross-examine any witness present in the court or its precincts;
(k) if aksed for his defence, the accused may state his defence briefly to the court and may then;
(i) give evidence on oath as provided in Form 4C from the Schedule and he may be cross examined, but shall not be questioned about his action or other offences which he is not accused of;
(ii) may give evidence not under oath in which case the accused shall not be cross-examined;
(iii) may remain silent;
(l) if the accused puts in any written statement the court shall file it with the record;
(m) (i) if the accused applies to the court to issue any process for compelling the attendance of any witness (whether he has or not been previously examined in the case) for the purpose of examination or the production of any document or other thing, the court shall issue such process unless it consider that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by it in writing.
(ii) the court may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in court;
(n) (i) if the court finds the accused not guilty the court shall record an order of acquittal;
(ii) if the court finds the accused guilty or if a plea of guilty has been recorded and accepted the court shall pass sentence according to law;
(o) when the proceedings have been instituted upon the complaint of some person upon oath under section 73 and upon any day fixed for the hearing of the case the complainant is absent, the court may, in its discretion, notwithstanding anything herein before contained, discharge the accused at any time before calling upon him to enter his defence;
(p) if the accused does not appear at the time and place mentioned in the summons and it appears to the court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment the court may either proceed ex-parte to hear and determine the complaint or may adjourn the hearing to a future day.