ENACTMENT NO. 4 OF 1994 CRIMINAL PROCEDURE (SYARIAH) CODE 1994
PART V - OF APPEAL AND REVISION CHAPTER 18 - OF APPEALS TO THE SYARIAH APPEAL COURT
Section 164. References to Syariah Appeal Court on appeal from a Syariah Subordinate Court.
(1) When an appeal from a decision of a Syariah Subordinate Court in a criminal matter has been determined by the Syariah High Court, the Syariah Appeal Court may, on the application of the accused and shall, on the application of the Chief Syariah Prosecutor, grant leave for the Court determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah High Court has affected the event of the appeal.
(2) An application for leave under this section shall be made within thirty days, or such longer time as the Syariah Appeal Court may permit, of the determination of the appeal to which it relates and in the case of an application by the Chief Syariah Prosecutor shall be made by or with the consent in writing of that officer only.
(3) When leave has been granted by the Syariah Appeal Court under this section the Syariah High Court may make such orders as it may see fit for the arrest, custody or release on bail of the accused in the appeal and the Registrar of the Syariah High Court shall forward the record of the proceedings in the Syariah High Court to the Chief Registrar if the Syariah Appeal Court who shall thereupon appoint and notify to the parties to the appeal the time and place for the hearing of the matter.
(4) When leave has been granted by the Syariah Appeal Court it shall hear and determine the question allowed to be referred for its determination and make such orders as the Syariah High Court might have made as it may consider just for the disposal of the appeal.
(5) For the purpose of this section but without prejudice to the generality of its provisions -
(a) any question of law regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest; and
(b) the exercise by the Syariah High Court of any power of revision under this Code shall be deemed to be an appeal from a decision of a Syariah Subordinate Court.