ENACTMENT NO. 4 OF 2003 SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003
PART XV
HEARING
Section 126. Order of speeches.
(1) Subject to subsection (2)—
(a) the plaintiff shall begin by opening his case; and
(b) each party may, before calling any evidence, open his case.
(2) The judge before whom an action is heard may give directions as to the party to begin and the order of speeches at the trial, and subject to any such directions, the party who begins shall have the first right to sum up his case.
(3) When the plaintiff has adduced all evidence for his case, the Judge shall call upon the defendant to adduce evidence in answer to the plaintiff’s claim, and in such a case the defendant shall have the option either to adduce evidence or to submit that there is no case to answer.
(4) Where the defendant elects to adduce evidence, the Judge shall record the evidence so adduced, and after the defendant has
given all evidence on his behalf, the Judge shall ask the defendant to make a submission closing his case.
(5) When the defendant has closed his case, the Judge shall ask the plaintiff to submit in answer to the defendant’s submission and to close his case.
(6) Notwithstanding anything in this section but subject to subsection (7) and (8), the Judge may order any party to submit a written submission in such order and within such time as he may direct.
(7) Where the defendant elects not to adduce any evidence but elects to submit that there is no case to answer, the Judge shall—
(a) record the defendant’s submission; and
(b) order the defendant to take an oath denying the plaintiff’s claim, and if the defendant refuses to take such oath, the Judge shall, subject to subsection (8), dismiss the defendant’s case and allows the plaintiff’s claim.
(8) Before the Court allows the plaintiff’s claim under subsection (7), the Court shall—
(a) hear and record the plaintiff’s submission in closing his case; and
(b) order the plaintiff to take an oath admitting the truth of his claim, and if the plaintiff refuses to take such oath, the Court shall dismiss his case.