ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
PART III - RELIGIOUS COURTS JURISDICTION
Section 38. Appeals.
(1) There shall be a Religious Appeal Court as hereinafter constituted and an appeal shall lie to such Court from any decision of the Court of the Chief Kathi or a Court of a Kathi-
(a) in its criminal jurisdiction, by a person convicted and sentenced to imprisonment or to a fine of not less than twenty-five dollars: such appeal may be against conviction or sentence or both;
(b) in its civil jurisdiction-
(i) by any person aggrieved by the decision, if the amount in issue on the appeal is not less than one hundred dolIars;
(ii) in all cases involving any decision as to personal status, by any person aggrieved by the decision;
(iii) in all cases relating to maintenance of dependants, by any person aggrieved by the decision:
Provided that no such appeal shall lie against a decision made by consent; and
(c) in any other case, if the Religious Appeal Court shall give leave to appeal.
(2) The Ruler in Council shall nominate annually at least seven Muslims who together with the Mufti shall form a panel of persons from among whom the Religious Appeal Court of three Members shall be selected.
The names of the persons so nominated shall be published in the Gazette.
(3) On any person appealing against the decision of the Court of the Chief Kathi or a Court of a Kathi or applying for leave to appeal in accordance with the provisions of sub-sectiori (1) of this section, the President shall select three such persons to form the Religious Appeal Court. Whenever possible the Mufti shall be selected to be a Member of the Court and when selected he shall preside. One other Member shall hold or have held judicial office in a Malay State and in the event of the Mufti not presiding, such other Member shall preside. '.
(4) On any appeal the Religious Appeal Court may-,-
(a) in a criminal matter, confirm, quash the conviction, quash or vary the sentence, or order a retrial;
(b) in a civil matter, confirm, reverse or vary the 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 retrial.
(5) Whenever any appeal shall lie, or any application for leave to appeal is made to the Religious Appeal Court, such appeal shall be brought by giving or lodging the appropriate notice or petition, or in such other manner as may be prescribed, but in any event within fourteen days after the occurrence of the act, omission, judgment, order or decision appealed from, or, in the event that the appellant was not at the time of such occurrence aware thereof and would not by the exercise of reasonable diligence have been so aware, within twenty one days after such act, omission, judgment order or decision shall have come to the appellant knowledge:
Provided that the Religious Appeal Court may on special grounds extend the time for appealing, notwithstanding that such time may have expired.
(6) The provisions of sections 40 to 50 inclusive of this Enactment shall apply to the Religious Court of Appeal as if it were a Court of a Kathi.