ENACTMENT NO. 12 OF 1986 ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986
PART III- SYAR'IAH COURTS Procedure in Civil Proceedings
Section 133. Procedure as to offences committed in court.
(1) When any such offence as is described in sections 175, 178, 179, 180, or 228 of the Penal Code [F.M.S. Cap. 45.] is committed in the view or presence of any Syar'iah Court, whether civil or criminaI, the Court may cause the offender to be detained in custody and, at any time before the Court is adjourned for the day, may, if it thinks fit, take cognizance of the offence and sentence the offender to a fine not exceeding five hundred ringgit or, in default of payment, to imprisonment not exceeding two months.
(2) In every such case the Court shall record the facts constituting the offence, with the statement, if any, made by the offender as well as the finding and sentence.
(3) If the offence is an offence punishable under section 228 of the Penal Code, the record must show the nature and stage of the proceedings in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
(4) If the Court considers that the offender may be better dealt with by ordinary process of law, the Court, instead of acting under subsection (1), may report the matter to the Public Prosecutor.
(5) When any Court has, under subsection (1), adjudged an offender to punishment for refusing or omiting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may discharge the offender or remit the punishment on his submission to the order or requisition of the Court or on apology being made to its satisfaction.
(6) Whenever any power given by this section is exercised by the Syar'iah High Court or a Syar'iah Subordinate Court, the person sentenced shall have the same right of appeal as if he had been sentenced after a trial held in accordance with the provisions of this Enactment.
(7) Any person sentenced under subsection (1) by the Syar'iah High Court or a Syar'iah Subordinate Court shall, immediately after the sentence has been pronounced, be informed of his right of appeal against the sentence.
(8) Upon notice of appeal being lodged by any person sentenced under this section, the Court that has ordered the sentence shall stay execution of the sentence and shall release the person sentenced on terms secured by his personal bond only.