ENACTMENT NO. 12 OF 1986 ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986
PART III- SYAR'IAH COURTS Process To Compel Appearance (Civil Cases)
Section 100. Power of Syar'iah High Court totransfer cases.
(1) Whenever it is made to appear to the Syar'iah High Court in a criminal matter-
(a) that a fair and impartial trial cannot be had in any Syar'iah Subordinate Court;
(b) that an order under this section will tend to the general convenience of the parties or witnesses; or
(c) that such an order is expedient for the ends of justice,
it may order that the case be transferred from one Syar'iah Subordinate Court to another or that it be transferred to and tried before the Syar'iah High Court.
(2) The Syar'lah High Court may make an order under subsection (1) either on the report of the Syar'iah Subordinate Court, or on the application of the prosecutor or the accused person, ot on its own initiative.
(3) When an order is made under subsection (1), the Syar'iah Subordinate Court before which the case is pending shall cause the accused person to appear or be brought before the Syar'iah High Court or the other Syar'iah Subordinate Court on the date specified in the order or as soon as may be practicable if no date is specified.
(4) The Court to which a case is transferred under this section may act on the evidence already recorded in the trial or partly so recorded and partly recorded by itself, or it may resummon the witnesses and recommence the trial, but in any cade the prosecutor or the accused person may, when the Court commences its proceedings, apply that the witnesses or any of them be resummoned and reheard.