PART V
MISCELLANEOUS
Oral applications to Court or Appeal Board
43.—(1)  Notwithstanding any requirement in these Rules, the registrar, the Court or the Appeal Board may, in an appropriate case, allow an application under these Rules to be made by way of an oral request by the applicant.
(2)  This rule does not apply to —
(a)the commencement of any proceedings in the Court under rule 9; and
(b)the commencement of any appeal to the Court or the Appeal Board under rule 38, 39 or 40.
Practice and procedure
44.  In matters of practice and procedure not expressly provided for in these Rules and practice directions, the registrar, the Court or the Appeal Board may adopt the practice and procedure for the time being adopted in relation to civil proceedings in any court.
[S 639/2018 wef 22/10/2018]
Fees
45.—(1)  Subject to paragraphs (2) to (6), the fees specified in the Third Schedule are payable for the matters stated in that Schedule.
(2)  The Court may on an application by any person waive any fee, specified in Part I of the Third Schedule payable by that person to the Court, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.
(3)  The Registrar of Muslim Marriages, or a Deputy Registrar of Muslim Marriages authorised by the Registrar in writing, may on an application by any person waive any fee, specified in Part I of the Third Schedule payable by that person to the Registry of Muslim Marriages, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.
(4)  The Appeal Board or the Chief Executive may on an application by any person waive any fee, specified in Part II of the Third Schedule payable by that person to the Chief Executive, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.
(5)  The Permanent Secretary may, in the circumstances of a particular case or a class of cases, waive the whole or any part of any fee specified in the Third Schedule.
(6)  Paragraphs (2) to (5) apply to any fee mentioned in those paragraphs whether incurred before, on or after 17 October 2022.
[S 802/2022 wef 17/10/2022]
Application for copy of entry in Register of Divorces
45A.  An application under section 144(1) of the Act for a copy of an entry in the Register of Divorces must —
(a)be made in the form and manner determined by the registrar of the Syariah Court; and
(b)be accompanied by the fee specified in the Third Schedule.
[S 910/2022 wef 30/11/2022]
Application for copy of or extract from information or record in Register of Marriages or Register of Revocation of Divorces
45B.  An application for a copy of an entry in the Register of Marriages or Register of Revocation of Divorces must —
(a)be made in the form and manner determined by the Registrar; and
(b)be accompanied by the fee specified in the Third Schedule.
[S 910/2022 wef 30/11/2022]
Records
45C.  The records required by section 38(3) of the Act to be kept and maintained are to be kept and maintained in such manner and form as the Court may determine.
[S 910/2022 wef 30/11/2022]
Transitional provision
46.—(1)  These Rules shall not apply to any proceedings or appeal commenced before 1st August 1999 and the revoked Muslim Marriage and Divorce Rules (R 1, 1990 Ed.) shall continue to apply to that proceedings or appeal.
(2)  Any direction, order, decision or decree made by —
(a)the Kadi or Naib Kadi;
(b)the registrar or the Court; or
(c)the Appeal Board,
under the revoked Muslim Marriage and Divorce Rules (R 1, 1990 Ed.), shall be treated as a direction, order, decision or decree made under these Rules and shall have the same force and effect as if it had been made by —
(i)the Kadi or Naib Kadi;
(ii)the registrar or the Court; or
(iii)the Appeal Board,
as the case may be, under these Rules.
(3)  Every registration of —
(a)marriage or revocation of divorce by the Kadi or Naib Kadi; or
(b)divorce by the Kadi,
under the revoked Muslim Marriage and Divorce Rules shall be treated as a registration of marriage or revocation of divorce or a registration of divorce under these Rules.