Section 58. Continuation of proceeding in Syariah Appeal Court notwithstanding absence of Judge (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

ENACTMENT NO. 7 OF 1993
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

PART III - MUFTI AND SYARIAH COMMITTEE

Section 58. Continuation of proceeding in Syariah Appeal Court notwithstanding absence of Judge

(1) If, in the course of any proceedings in an appeal or at any time before delivery of the judgment, any Judge of the Syariah Appeal Court hearing the proceedings is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that court, then, if both parties consent, the hearing shall continue arid judgment or reserved judgment, as the case may be, shall be given by the remaining two Judges of the court, and for the purposes of the appeal the court shall be deemed to have been properly constituted.

(2) In any such case as is mentioned in subsection (1), if there is no unanimous decision, the appeal shall be re-heard.

(3) If under subsection (1) both parties do not give their consent, or more than one Judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that court, the appeal shall be re-heard.