ENACTMENT NO. 1 OF 2003
ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF SELANGOR) ENACTMENT 2003

PART IV
SYARIAH COURTS



Section 71. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge.


(1) If, in the course of any proceeding in an appeal or at any time before the judgement is delivered, any Syariah Appeal Court Judge hearing the proceeding 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 and judgement or reserved judgement, 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 by both of the remaining Judges, 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 reheard.



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