ENACTMENT No. 9 Of 1980 MAHKAMAH SYARIAH ENACTMENT 1979
SECOND SCHEDULE
(Section 27)
ADDITIONAL POWERS OF COURT OF KADI
Suspension of proceeding.
1. Power to stay any proceeding except where the proceeding has been instituted in the district where-
(a) the cause of action originates; or
(b) the Defendant is living or has his place of business;
(c) one of the Defendants is living or having his place of business;
(d) facts in issue is situated 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, on application or on its own motion, any proceeding to other Courts of Kadi.
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.
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 certified copies.
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 proceedings of other Court.
Costs.
6. Discretion to order costs of proceeding inclusive of those proceedings which are stayed subject to any provision of any written law to the contrary.
Execution.
7. (1) Power to enter any house or premises for purposes of investigation or pursuant to any order of execution, and power to break open any safe, cupboard or boxes found in the aforesaid house or premises by the Court Officers.
(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 regards to its management, damages and compensation.
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 for extension or abridgement has been made until the time allowed has lapsed.
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 or conduct which is deemed contempt of Court.
Power to make rules and regulations.
11. Subject to the power of the Court of Appeal, power to make rules and regulations relating to the practice and procedure in any proceeding before itself.
Other powers.
12. Other powers as provided for now and henceforth by any other written law.