Section 12. Appeal to the Syariah High Court. (SYARIAH COURTS ENACTMENT 1992

ENACTMENT NO. 14 OF 1992
SYARIAH COURTS ENACTMENT 1992

PART II - SYARIAH COURTS
Constitution And Jurisdiction

Section 12. Appeal to the Syariah High Court.

(1) An appeal shall lie to the Syariah High Court from any decision of the Syariah Lower Court.

(2) In its criminal jurisdiction, an appeal may be made by a Syarie Prosecutor or by a person convicted and sentenced to impriosnment or fined not less than twenty-five ringgit and such appeal may be made against acquittal, conviction or sentence or any part of it.

(3) In its civil jurisdiction, an appeal may be made-

(a) by any person aggrieved by or dissatisfied with any decision, if the amount involved is not less than five hundred ringgit;

(b) in all cases involving and decision as to personal status, by any person aggrieved by or dissatisfied with the decision; and

Provided that no such appeal shall lie against a decision made by consent.

(4) In any other case, if the Syariah High Court gives leave to appeal.

(5) On any appeal, the Syariah High Court may-

(a) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or order further investigation, enhance or vary for sentence, order a re-trial, or vary, or reverse any order of the trial Court;

(b) in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such power as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a re-trial.