ENACTMENT NO. 6 OF 2004 SYARIAH COURTS ENACTMENT 2004
PART II - SYARIAH COURTS Constitution and jurisdiction.
Section 21. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge.
(1) If in the course of any proceeding in an appeal or in a reserved judgement or at any time before the judgement is delivered, any panel or any Syariah Appeal Court Judge hearing the proceeding is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court, then, if both parties consent, the hearing shall continue and judgement or reserved judgement, as the case may be shall be, given by the remaining two Judges of the Syariah Appeal Court, and for the purposes of the appeal the Syariah Appeal Court shall be deemed to have been property constituted.
(2) In any such case as is mentioned in subsection (1), if there is no unanimous decision by both of the remaining Judges, the appeal shall be re-heard.
(3) If under subsection (1) both parties do not give then consent, or more than one Judge are unable, through illness of any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal shall be re-heard.