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

PART III- SYAR'IAH COURTS
Procedure in Criminal Proceedings



Section 103. Summons and warrant.

(1) On receiving information of the commission of an offence within its jurisdiction to try, the Court may issue a summons to the accused person to appear before it at a stated time and place.

(2) The summons shall state the general nature of the offence charged and the section of this Enactment or the Administration of Islamic Family Law Enactment 1985 [Tr. En 12/85] under which it is punishable.

(3) Any person summoned to answer a charge in respect of any offence which under section 220 may be compounded may appear in answer to the charge either personally or by advocate, and may, in any such case, by letter sent to the Court by registered post, plead guilty to the charge and submit to the order of the Court, but this subsection shall not apply to any person who has been served with a notice under subsection (5).

(4) Any summons issued in respect of a charge included in the provisions of subsection (3) shall contain a notice informing the person charged of his rights under that subsectiotl and the amount of the fine to be imposed on him, which sum shall accompany the letter pleaqing guilty to the charge.

(5) Where a police officer or any person authorized by the Commissioner has reasonable grounds for believing that any person has committed an offence against this Enactment or any rules thereunder triable by a Syar'iah Subordinate Court, he may, in lieu of applying to the Court for a summons, forthwith serve upon that person a notice In the prescribed form, ordering that person to appear before the nearest Syar'iah Subordinate Court having jurisdiction to try the offence, at a time and date to be stated in the notice.
(6) If any person who is served with a notice under subsection (5) fails to appear in person, then, unless it appears that it was not reasonably possible for that" person so to appear, the Court may, if satisfied that the notice was duly served, issue a warrant for the arrest of that person unless, in the case of a compoundable offence, that person has within the period specified in the notice been permitted to compound the offence.

(7) His Royal Highness the Sultan may make rules for the purpose of prescribing the form of any notice to be issued in pursuance of subsections (5) and (6), and generally to enable the provisions of those subsections to be carried into effect.




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