Section 56. Continuatic of proceeding in Syariah Appeal Court notwithstanding the absence of Judge. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

Enactment No 3 Of 1991
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

PART III - SYARIAH COURTS

Section 56. Continuatic of proceeding in Syariah Appeal Court notwithstanding the absence of Judge.

(1) Where in the course of any proceeding in an appeal or at any time before delivery of judgment, any of the Syariah Appeal Court Judges hearing the proceeding is unable through illness or any other cause to attend and dispose of the proceeding, or is unable to exercise his function as a Judge of such Court, the hearing or proceeding shall, if both parties consent thereto, be continued and judgment or reserved judgment, as the case may be, shall be delivered by the remaining two Judges, and for the purpose of appeal the Court shall be deemed to have been properly constituted notwithstanding the absence or incapacity of one of the Judges.

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

(3) Where under subsection (1) both parties do not give their consent, or more than one Judges are unable through illness or any other cause to attend and dispose of the proceeding or otherwise to exercise his function as a Judge of such Court, the appeal shall be re-heard.