ENACTMENT NO. 5 OF 1984 SYARIAH CIVIL PROCEDURE ENACTMENT 1984
PART XXII - JUDGMENT DEBTOR SUMMONS, WARRANT OF ARREST, ECT.
Section 171. Arrest before judgment.
(1) Every application of arrest before judgment shall be made ex partein chambers and the evidence in support thereof shall be adduced by affidavit.
(2) An order of arrest under this section be in Form 26A and shall be endorsed with the plaintiff's address for service.
(3) The order shall be delivered to the bailiff together with copies of all affidavits used on the application ; and such affidavits shall be served on the defendant together with the order.
(4) Before any arrest is made under an order under this section the plaintiff shall, unless the Court otherwise orders, deposit with the bailiff a sum sufficient in the bailiff's opinion to defray the expense of detaining the debtor in custody pending his appearance in Court and sections 168 and 170 shall, with the necessary modifications, apply to any sum deposited under this section.
(5) The security to be given by a defendant may be given-
(a) by payment into Court of the sum mentioned in the order ; or
(b) by bond which shall be in Form 26B to be executed by the defendant with such surety or sureties.
(6) Any proposed sureties may, if the plaintiff shall so require, be called upon to justify.
(7) When security has been given as ordered the Registrar shall give a certificate to the bailiff, and the production of such certificate shall be sufficient authority for the release of the defendant from custody.
(8) The money deposited, if any, and security and all proceedings thereon shall be subject to the order and control of the Court.