ENACTMENT NO. 10 OF 2004 SYARIAH CIVIL PROCEDURE ENACTMENT 2004
PART XVIII - ENFORCEMENT AND EXECUTION CHAPTER 3 - EXECUTION
Section 160. Seizure and sale.
The following provisions shall apply when an execution by seizure and sale is ordered for any property:
(a) the bailiff shall –
(i) subject as hereinafter provided, take the property and place it under his custody;
(ii) if the property consists of shares, stocks, debentures or bonds not transferable by delivery, in any loan or fund, serve on the appropriate authority a copy of the order for execution in Form MS 36 together with sufficient description of the shares, stocks, debentures or bonds seized, and thereafter no transfer of the shares, stocks, debentures or bonds shall be registered except with the leave of the Court, and any interest or dividend in respect of the shares, stocks, debentures or bonds shall he paid into Court until the Court shall otherwise order or shall permit transfer thereof;
(b) after seizure of property, any alienation or disposal of the property seized, otherwise than with the leave of the Court, shall be void against the bailiff, and such action shall also be a contempt of court;
(c) at anytime before sale, the judgment creditor may request the bailiff to release any specified property, and such release shall not be deemed to be abandonment of the execution as a whole;
(d) at anytime before sale, the judgment creditor may abandon the execution, and the bailiff shall thereupon return the order for execution to the Court;
(e) the bailiff shall, unless the property seized be money, proceed to sell the property in accordance with this Part; and
(f) the bailiff shall, on completion of the execution, make a return relating to the execution and submit it to the Registrar.