5.—(1) A Kadi who holds an inquiry under section 96(3) of the Act may issue summons to require —
(a)
the man;
(b)
the woman;
(c)
the wali of that woman; and
(d)
any other person who is able to give any evidence in the matter,
to attend the inquiry.
(2) An inquiry held by a Kadi under this rule shall be held not earlier than 7 days from the date of the issue of the summons by the Kadi as referred to in paragraph (1).
(3) At the inquiry, the Kadi shall —
(a)
hear and record the evidence given by all of the parties referred to in paragraph (1); and
(b)
give to every party an opportunity to examine, cross-examine and re-examine the other parties in the manner provided in the Evidence Act (Cap. 97).
(4) The Kadi may call for any evidence relating to the inquiry that he considers necessary.
(5) The Kadi may give his decision immediately after the inquiry or at a later date in which case notice shall be given to all the parties concerned.
(6) If a notice of appeal referred to in rule 39(2) against the decision of the Kadi has been filed within 30 days of the date of the decision, the decision of the Kadi shall not be carried out except by order of the Appeal Board.