ENACTMENT NO. 1 OF 1966 SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966
PART II - RELIGIOUS COURTS PROCEDURE IN CRIMINAL PROCEEDINGS
Section 31. Hearing.
(1) Any necessary sanction to prosecute shall be proved.
(2) The accused shall be charged. If he pleads guilty he may be sentenced on such plea.
(3) If the accused claims trial or refuses to plead, the prosecutor shall outline the facts to be proved and the relevant law and shall then call his witnesses.
(4) Each witness shall be exlmined by the party calling him and may then be cross-examined by opposing party. Cross-examination may be directed to credibility. The party who called the witness may then re-examine on matters arising from the cross-examination. The Court may put any question to any witness at any time. Any further question may be put, or the witness may be recalled, by leave of the Court.
(5) After hearing the witnesses for the prosecution the Court shall either dismiss the case or call on the accused for his defence.
(6) If called on for his defence, the accused may address the Court, and may then give evidence on oath, or made statement without being sworn or affirmed, in which case he shall not be liable to be cross-examined, or he may stand silent. If the accused gives evidence on oath, he may be cross-examined, but not as to character or as to other offences not charged.
(7) The accused may then call his witnesses.
(8) The accused may sum up on the case.
(9) The prosecutor may reply generally.
(10) The Court shall then either convict or acquit the accused.
(11) If the accused is convicted, the Court may be informed of previous offences and shall have regard to any plea for leniency.
(12) The Court shall then pass sentence according to law.
(13) At any stage of the hearing before verdict the prosecutor may withdraw and the case shall then be dismissed.
Provided that, if the complainant be the prosecutor, and if he does not act in any of the special capacities set out in items (a) to (e) inclusive of section 29 of this Enactment, he shall not so withdraw without the leave of the Court.
(4) The Court shall at all times satisfy itself that the accused understands the nature and effect of the proceedings and has a proper opportunity to defend himself.
(5) All evidence shall be given in the presence of the accused and shall, if in a language not understood by him, be interpreted to him.
(16) The Court shall record the evidence in writing in narrative form and shall also record its verdict and sentence, if any.