ENACTMENT NO. 12 OF 1986
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

PART III- SYAR'IAH COURTS
Procedure in Civil Proceedings



Section 131. Execution.

(1) If any person bound by any judgment or order of a Court fails to comply with it within such time as the Court considers reasonable, the Court may, on the application of any person entitled to benefit under the judgment or order, or of its own motion, send a certified copy of the judgment or order to any Magistrate's Court having jurisdiction in the place, together with a request addressed to the Magistrate that the judgment or order be executed, and the Magistrate's Court shall execute the judgment or order and exercise in connexion therewith all ancillary powers, including powers of arrest and commitment and issue of a judgment debtor summons, in like manner as if the judgment or order had been given or made by itself.

(2) Notwithstanding subsection (1), the Syar'iah High Court shall have all such powers and rights relating to the execution of its judgments and orders as are conferred and imposed on subordinate courts under the Subordinate Courts Rules 1980 [P.U.(A)328/80]or such other corres­ponding rules as may from time to time be in force, except that it shall not issue execution in respect of any )mmovable property.

(3) The Chief Qadi shall have power to appoint any subordinate officer of his Court to act as the bailiff thereof.

(4) A Syar'iah Subordinate Court may, in lieu of proceeding under subsection (1), in the like circumstances and in like manner request the Syar'iah High Court to execute the judgment or order of the Syar'iah Subordinate Court and thdreupon the Syar'iah High Court may execute the judgment or order and may exercise all such powers in respect thereof as are confer­red by subsection (1) on a Magistrate's Court.




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