ENACTMENT NO. 12 OF 1986 ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986
PART III- SYAR'IAH COURTS Process To Compel Appearance (Civil Cases)
Section 95. Summary punishment for perjury in open court.
(1) If any person giving evidence on any subject in open court in any pioceedings, whether civil or criminal, before the Syar'iah High Court or a Syar'iah Subordinate Court either-
(a) gives, in the opinion of the Court, false evidence within the meaning of section 191 of the Penal Code [F.M.S. Cap 45.] upon a material issue; or
(b) wilfully and knowingly makes or is proved to have so made two or more contradictory statements of fact or alleged fact upon a material issue, either at the same examination or at two or more examinations, and the contradictory statements have been made before the Court in which the proceedings are held or before that Court and before any other Court, and whether the respective truth or falsehood of the statements can be ascertained or not,
it shall be lawful for the Court to call upon the witness to show cause, immediately or on a subsequent date, why he should not be summarily punished for giving false evidence and, if the witness fails so to show cause, then summarily to sentence the witness as for contempt-
(i) where the Court is the Syar'iah High Court, to a fine not exceeding five hundred ringgit or to imprisonment not exceeding three months;
(ii) where the Court is the Syar'iah Subordinate Court, to a fine not exceeding three hundred ringgit or to imprisonment not exceeding one month.
(2) Whenever any power given by this section is exercised, the person sentenced shall have the same right of appeal as if he had been sentenced after a trial held in accordance with the provisions of this Enact ment.
(3) Any person sentenced under subsection (1) shall, immediately after the sentence has been pronounced, be informed of his right of appeal against the sentence.
(4) Upon notice of appeal being lodged by any person sentenced under this section, the Court that has ordered the sentence shall stay execution of the sentence and shall release the person sentenced on terms secured by his personal bond only.
(5) Instead of exercising the power of summary sentence given by subsection (1) the Court may, if it thinks fit, report the matter tothe Public Prosecutor.