SCHEDULE (SYARIAH COURTS (KEDAH DARUL AMAN) ENACTMENT 2008

ENACTMENT No. 8 Of 2008
SYARIAH COURTS (KEDAH DARUL AMAN) ENACTMENT 2008

SCHEDULE

(Section 25)

ADDITIONAL POWERS OF COURT

Suspension of proceeding

1. Power to stay any proceeding where the proceeding has been instituted in the district where-

(a) the cause of action originate;

(b) the defendant is living or having his place of business;

(d) facts in issue occurred or is alleged to have occurred; or

(e) for any other reasons such proceeding be continued in the interest of justice.

Transfer of proceeding

2. Power to transfer any proceeding, on application or on its own motion, to other Syariah Subordinate Court.

Service

3. Power, subject to any other written law, to order the process of service to any place or at any time and in any manner and to order that such service be deemed to be served within the time specified.

Process to compel attendance

4. Power to compel, by notice addressed to the officer in charge of the prison, to produce any person in the prison before it for a purpose.

Office copy or certified copy

5. Power to issue and use for any purpose office copies or certified copies of any proceeding in the Court and admit for use any office copies or certified copies of any proceeding of other Courts.

Cost

6. Discretion to order costs of proceedings inclusive of those proceedings which are stayed, subject to any provision of any written law to the contrary.

Execution

7. (1) Power to the Court Officers specially authorized by the Chief Syarie Judge to enter any house or premises for the purpose of investigation or pursuant to any order or execution and power to break open any safe, cupboard or boxes found in the aforesaid house or premises.

(2) Power to examine any person relating to his property or property of others or with regard to any disposal of any such property.

(3) Power, in relation to execution of any order of attachment of property before judgment, and to impose terms and conditions with regard to its management, damages and compensation.

Extension of time

8. Power to enlarge or abridge time fixed by any written law relating to any act to be done or any action to be taken, even though no such application has been made within the time specified.

Fees

9. Power to impose any payment or prescribe any fee in relation to any court proceeding done under or in pursuant to this Enactment.

Contempt of Court

10. Power to impose penalty for any act, omission or conduct which is deemed contempt of Court.

Passed in the State Legislative Assembly this 18 November 2007 corresponding to 8 Zulkaedah 1428.

ABD. RASHID BIN HAJI OTHMAN
Clerk of the State Legislative Assembly
Kedah Darul Aman

[PSU(K) 598-1399 JD. 2]