ENACTMENT NO. 1 OF 1966 SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966
PART II - RELIGIOUS COURTS Jurisdiction
Section 10. Appeals and Juma'ah Pengadilan.
(1) An appeal shall lie to the Court of Juma'ah Pengadilan from any decision of the Court of the Kadhi Besar or a Court of a Kadhi-
(a) in its criminal jurisdiction-
(i) by an accused person who is dissatisfied with any judgment, sentence or order passed by the trial Court: such appeal may be against conviction or sentence or both, and against any other order.
(ii) by a person who conducts the prosecution in accordance with section 29: such appeal may be against sentence, or order of acquittal or dismissal of the prosecutions case.
(b) in its civil jurisdiction-
(i) by any persons agrieved by the judgment, order or decision, if the amount in issue on the appeal is not less than one hundred dollars;
(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 judgement, order or decision;
Provided that no such appeal shall lie against a decision made by consent; and
(c) in any other case, if Juma'ah Pengadilan shall give leave to appeal.
(2) Juma'ah Pengadilan shall consist of three members one of whom shall be the Mufti Kerajaan who shall be the Chairman and the other two are appointed by His Highness the Sultan by Instrument under His Sign Manual and Seal one of whom shall hold or have held office of Magistrate;
(3) The members of Juma'ah Pengadilan shall be deemed to be public servants within the meaning of the Penal Code.
(4) On any appeal the Juma'ah Pengadilan may-
(a) in a criminal matter, quash the conviction; set aside, reduce, confirm or enhance the sentence, dismiss the appeal, or order a retrial; in an appeal from the order of acquittal, reverse such order, and direct that further enquiry be made or that the accused be retried, or find him guilty and pass sentence on him according to law;
(b) in a civil matter, confirm, reverse or vary the judgement, order or 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, order a retrial.
(5) Whenever any appeal shall lie or any application for leave to appeal is made to the Juma'ah Pengadilan such appeal shall be brought or application for leave to appeal shall be made 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, judgement, order or decision appealed from, or in respect of which an application for leave to appeal is made or, in the event that the appellant was not at the time of such occurrenpe aware thereof and could not by the exercise of reasonable diligence have been so aware within fourteen days after such act omission, judgement, order or decision shall have come to the appellant's knowledge;
Provided that the Juma'ah Pengadilan 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.
(6) Appeals shall be heard in open Court and be decided in accordance with the opinion of the majority of the members composing the Court of Juma'ah Pengadilan. Whenever the Juma'ah Pengadilan allows an appeal against the decision of the trial Court in either criminal or civil matter, it 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.
(7) There shall be no appeal from a decision of the Juma'ah Pengadilan, except that upon being satisfied that new and important matter or evidence has been discovered the Juma'ah Pengadilan may with leave of His Highness the Sultan reconsider the case.
(8) The Chairman of the Juma'ah Pengadilan may, for the purpose of determining the correctness, legality or propriety of any finding, sentence or order recorded or passed by the Court of Kadhi Besar or the Court of a Kadhi (whether in a criminal or civil matter), or the regularity of any proceedings of such Court, call for any record of such Court.
(9) Any record when called for under sub-section (8) of this section shall be examined by the Juma'ah Pengadilan, convened in accordance with sub-section (2) of this section, and the powers conferred by sub-section (4) of this section shall apply to the examination of a record under this section as they apply to an appeal under this Enactment.
(10) The Juma'ah Pengadilan with the approval of His Highness the Sultan may make rules prescribing the procedure for the making of appeals and applications for leave to appeal.