| PROCEDURE OF SYARIAH COURT |
13.—(1) All actions and proceedings in the Court shall be commenced by summons.| (2) The summons shall be in Form 8 in the Schedule. |
(3) The summons shall be prepared in duplicate by the plaintiff or his solicitor or by an officer of the Court and —| (a) | shall bear upon its heading the serial number assigned to it, the title of the case and the date of the day on which it is issued; | | (b) | shall specify —| (i) | the name, address and description of the plaintiff; | | (ii) | the name and place of business of the plaintiff’s solicitor (if any); and | | (iii) | the name, address and description of the defendant so far as can be ascertained; |
| | (c) | shall be indorsed with a concise statement of the cause of action, without argument or unnecessary details and a statement of the relief claimed or judgment prayed; and | | (d) | shall call upon the defendant to attend at the court house at a date and hour to be named therein to answer the charge. |
|
| (4) The Court shall cause a copy of the summons to be served on each defendant. |
|
| Parties and causes of action |
14.—(1) More persons than one may be joined as plaintiffs or defendants and more causes of action than one may be raised in the same action or proceedings but the Court may order separate trials in its discretion.| (2) The Court may in its discretion try two or more actions or proceedings together if they relate to the same issues of facts or law. |
|
| Minors and persons of unsound mind |
15.—(1) If any party to any action or proceedings is a minor or a person of unsound mind, the Court may upon application made and payment of the prescribed fee appoint any fit and proper person, having no interest adverse to him to represent him in such action or proceedings.| (2) The lawful or natural guardian of a minor or the committee of a person of unsound mind, if any, shall ordinarily be so appointed, if willing to act. |
|
16.—(1) Any defendant may file a written defence and shall in such event hand to the Court a copy thereof for each plaintiff which the Court shall cause to be served.| (2) If a defendant has not at the time of his first appearance filed a defence or does not desire to do so, but intends to defend the action, the Court shall ascertain orally the grounds of his defence, and he shall not thereafter raise other grounds of defence without leave of the Court. |
| (3) If the defendant desires to file a defence, the Court shall fix a time within which he shall do so, which shall ordinarily be not less than 7 days prior to the trial or hearing. |
| (4) If the defendant wishes to raise matters by way of counterclaim the Court may permit him to do so, or direct him to file separate proceedings. |
|
| 17. The Court may upon the application of any party make an interim order for the purpose of safeguarding the rights of any party pending trial or facilitating the trial or hearing of the action or proceedings and may permit amendment of any action or proceedings or correction of any error, on such terms as may be just. Any such application may be made orally but any party affected thereby shall be given the opportunity to be heard thereon. |
| Withdrawal of proceedings, compromises and settlements |
18.—(1) The plaintiff may withdraw any action or proceedings at any time before judgment, but shall be liable to pay the costs thereof and shall not bring any other action or proceedings thereafter in the same cause without leave of the Court.(2) The parties to any action or proceedings may compromise and settle such action or proceedings at any time and the Court shall, if so requested by any party, record the terms of the settlement:| Provided that no withdrawal or settlement shall be made by a representative appointed under rule 15 without the leave of the Court, which shall have due regard to the interests of the persons represented. |
|
|
|
19.—(1) Where a party to any action or proceedings desires a person to be summoned as a witness to give oral evidence in Court or to produce at the hearing a document in his possession or control, he shall make a written application therefor to the Court and pay the prescribed fee therefor.| (2) The Court on receipt of such application shall issue a summons, which shall be in Form 9 in the Schedule. |
|
| 20. Where any person, including the defendant, who has been summoned to attend before the Court fails to do so and does not excuse such failure to the satisfaction of the Court, the Court may issue a warrant of arrest in Form 10 in the Schedule. |
21.—(1) If, at the time appointed for the hearing, the plaintiff does not appear, the action or proceedings may be struck out; if the defendant does not appear at the time appointed for the hearing, the plaintiff may prove his case and the Court may give judgment:| (a) | in any such case the Court may in its discretion order an adjournment and where necessary order the defendant to be called as a witness; and | | (b) | the Court may deal with a counterclaim although the claim is struck out. |
|
| (2) If the defendant appears and admits the plaintiff’s claim the Court may give judgment without hearing evidence. |
| (3) If the defendant desires to defend, the party against whom judgment would be given on the pleadings and admissions made, if no evidence were taken, shall have the right to begin. |
| (4) Each party may address the Court and may then give evidence and call his witness who shall be examined and may be cross-examined, re-examined and questioned by the Court in the manner provided in the Evidence Act [Cap. 97]. |
| (5) Subject to section 46 of the Act and to rule 27, the evidence of the parties and of the witnesses shall be given viva voce in the open Court. |
| (6) The Court shall take a note of the evidence, stating the terms of any particular question or answer if there appears to be any special reason for doing so, and may record in the notes of evidence such remarks as it thinks material respecting the demeanour of any witness while under examination. |
| (7) The Court may call any evidence which it considers necessary. |
| (8) Thereafter the Court shall give judgment in open Court either at once or at a later time of which notice shall be given to the parties. |
|
22.—(1) Every judgment of the Court shall after delivery be drawn up in writing in the form of a decree or order, dated, signed by the presiding officer of the Court and sealed and shall be retained with the record. Any party shall be entitled on payment of the prescribed fee to obtain a certified copy of the decree or order.| (2) A judgment may declare the rights of the parties or may order a party to do any act including the payment of money and the transfer of property. |
| (3) The decree or order of the Court shall be in Form 11 in the Schedule. |
|
| Warrant to secure compliance with order of Court |
23.—(1) On the neglect or failure of any person to comply with an order of the Court made under section 52 of the Act, the Court may issue a warrant to levy the amount of the value of the property by distress and sale. The warrant shall be in Form 12 in the Schedule.| (2) Where the Court sentences a person to imprisonment for failure or neglect to comply with an order made under section 52 of the Act, the Court shall issue a warrant of commitment in Form 13 in the Schedule. |
|
| 24. The Court may in its discretion order any party to pay any costs of any proceedings, including travelling and subsistence expenses of parties and witnesses and shall, in default of agreement between the parties, itself assess the amount of any costs so ordered to be paid. |
| Entries in register of divorces |
| 25. On making a decree or order of talak, fasakh, taklik and khuluk, the Court shall cause an entry to be made in the register of divorces which shall be in such form as may be prescribed by the Minister. |
| 26. Where a divorce has been decreed by the hakam appointed under section 50 of the Act and the divorce has been reported to the Court, the Court shall cause an entry to be made in the register of divorces which shall be in such form as may be prescribed by the Minister. |
27. The Court may, if it appears likely that any intended witness in any proceedings will not be able to give evidence at the hearing, record the evidence of the witness in writing at any time and such evidence may be used as evidence at the hearing:| Provided that any opposite party shall be given due opportunity to attend and cross-examine the witness. |
|
|
| Proceedings by poor persons |
| 28. The Court may in its discretion on the application of any person grant leave to the person to sue, defend or appeal in any proceedings as a poor person and in such event the Court fees normally payable in respect of the proceedings in question shall not be payable by that person but shall be waived. |
29.—(1) Subject to section 55 of the Act any party to a proceeding before a Kadi or Naib Kadi or a proceeding in the Court may appeal against the judgment or order of the Kadi, Naib Kadi or the Court, as the case may be, to the Appeal Board constituted under that section.| (2) Such appeal shall be brought by sending to the Secretary of the Majlis a notice of appeal addressed to the Appeal Board and by paying the prescribed fee. The Secretary shall cause a copy of the notice to be served as soon as possible on the Kadi, Naib Kadi or the Court, as the case may be, and on each respondent. |
| (3) On receiving a notice of appeal, the presiding officer of the Court shall thereupon prepare and sign a copy of the grounds of his judgment and shall upon payment of the prescribed fees supply the grounds of judgment to the appellant together with a copy of the notes of the proceedings and copies of any other documents for which the appellant has applied to enable him to prepare the record. |
| (4) When the documents referred to in paragraph (3) are ready, the Court shall give notice thereof to the appellant and within 21 days after receipt of the notice the appellant shall file in the Court sufficient copies of a record of appeal. Four copies of the record shall be forwarded by the Court to the President of the Majlis and a copy thereof shall be served on each respondent to the appeal. |
| (5) The record of appeal shall consist of a petition addressed to the Appeal Board stating the grounds of the appellant’s objection to the judgment or order appealed from, a copy of the Court’s note of the proceedings, copies of all exhibits and documentary evidence, a copy of the notice of appeal and an index. |
| (6) If the record of appeal is irregular or is filed out of time or if any respondent has not been served, the Court shall inform the President of the Majlis of such facts. |
| (7) A respondent to an appeal may give notice to the Appeal Board through the Secretary of the Majlis and the other parties thereto that he intends to contend that the judgment or order appealed from should be varied, and such notice shall operate as a cross-appeal. |
| (8) The Court may in its discretion grant a stay of execution of any judgment or order pending appeal. |
|
| Procedure before Appeal Board |
30.—(1) On receiving a record of appeal under rule 29, the President of the Majlis shall constitute an Appeal Board to hear the appeal in the manner provided in the Act.| (2) The Appeal Board shall then fix a date for the hearing of the appeal and shall notify the parties of the date and the place where the appeal shall be heard. |
| (3) On the date fixed, or on any other day to which a hearing may be adjourned, the Appeal Board shall hear the parties to the appeal and refer to any part of the record of appeal and shall then make such order as in the case may be just and reasonable. |
|
| Practice and procedure where not expressly provided for |
| 31. In matters of practice and procedure not expressly provided for in these Rules, the Court may adopt the practice and procedure in civil proceedings for the time being in force in the District Courts. |
32.—(1) The following fees shall be payable to the Kadis or Naib Kadis:| (a) | for registering a marriage (inclusive of the issue of 2 copies of a certificate of marriage) — $29 | | (b) | for registering a divorce (inclusive of the issue of 2 copies of a certificate of divorce) — $38 | | (c) | for registering a revocation of divorce (inclusive of the issue of 2 copies of a certificate of revocation of divorce) — $27 | | (d) | for the issue of a certified copy of the grounds for the refusal to register a marriage, divorce or revocation of divorce under section 104(3) of the Act — $27 | | (e) | for the issue of a summons under section 142 of the Act — $12 | | (f) | for a certified copy of the notes of evidence of any proceedings before a Kadi or Naib Kadi (per page) — $17. |
| (2) When it is desired to register a marriage at the house of a party, the Kadi or Naib Kadi may in addition to the fees payable under paragraph (1) recover his actual expenses for transport. |
| (3) The fees payable to the Kadis of the Syariah Court and the Registry of Muslim Marriages shall be paid into the Consolidated Fund and those payable to the Naib Kadis in respect of registration of marriage shall be retained by them. The Naib Kadis shall pay an administrative fee of $18 to the Registrar for the processing of an application for the registration of a marriage and for issuing copies of certificate of marriage. The administrative fee shall be paid into the Consolidated Fund. [S 231/99 wef 01/06/1999] [S 53/93 wef 01/04/1993. S 116/95 wef 01/04/1995] [] |
|
| Fees to be paid to Registrar and President, Syariah Court |
33.—(1) The following fees shall be payable to the Registrar:| (a) for a search which involves a scrutiny of the Register of Marriages or the Register of Revocation of Divorces |
| | | | (b) for a certified extract of a certificate of marriage or revocation of divorce |
| | |
|
[S 197/98 wef 15/04/1998] [S 231/99 wef 01/06/1999] [S 116/95 wef 01/04/1995] (2) The following fees shall be payable to the President of the Syariah Court:| (a) for a search which involves a scrutiny of the Register of Divorces covering any period |
| | | | (b) for a certified copy of a certificate of divorce |
| | |
|
[S 116/95 wef 01/04/1995] |
| (3) No fees shall be payable for the furnishing of a certified extract or copy of any certificate to the Government or any department thereof or for the inspection of the Register of Marriages or the index thereto for official, statistical or research purposes by persons approved by the Permanent Secretary. [Subst. by S 296/94 wef 01/08/1994] |
|
34. The following fees shall be payable to the Court:| (a) | on sealing of a summons for the commencement of proceedings for —| (i) | maintenance —$8 | | (ii) | emas kahwin (marriage payment) —$8 | | (iii) | mutaah (compensation) —$8 | | (iv) | divorce —$15 |
| | (b) | for any application not made at a hearing —$8 | | (c) | for registering a divorce of talak, fasakh, taklik or khuluk —$66 | | (d) | for the issue of a certified copy of an order or decree —$15 | | (e) | for the issue of a summons to witness —$10 | | (f) | for the service of a summons on a defendant or witness (in addition to the cost of transport incurred by the process server, which is to be provided or paid in cash by the person requesting the service if the place at which the service is to be effected is beyond 2 kilometers from the Court House) —$22 | | (g) | for a certified copy of notes of evidence of any proceedings before the Court (per page) —$26 | | (h) | for a certified copy of the grounds of any judgment —$92 | | (i) | on filing a notice of appeal —$16 | | (j) | for the hearing of an appeal by the Appeal Board —$630 | | (k) | for the issue of a certificate of inheritance (per page) —$27 | | (l) | for the issue of a revised certificate of inheritance on the death of one or more of the beneficiaries of the estate before the final distribution of the estate is made (per page) —$27. |
|
|