ENACTMENT NO. 4 OF 1994 CRIMINAL PROCEDURE (SYARIAH) CODE 1994
PART IV - PROCEEDINGS IN PROSECUTIONS CHAPTER 11 - GENERAL PROVISIONS AS TO TRIALS
Section 104. Change of Syariah Judge during trial.
Whenever any Syariah Judge, after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction therein and is succeeded by another Syariah Judge who has and who exercises such jurisdiction the Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the trial:
Provided as follows:
(a) in any trial the accused may, when the second Judge commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard;
(b) The Syariah Appeal Court or the Syariah High Court, as the case may be, may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order a new trial.