SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998

Syariah Court Civil Procedure (Federal Territories) LAWS OF MALAYSIA REPRINT Act 585 SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998 Date of Royal Assent ... ... ... … … … 18 August 1998 Date of publication in the Gazette … … … 27 August 1998 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 585 SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Application 3. Interpretation 4. General title of form PART II EFFECT OF NON-COMPLIANCE 5. Non-compliance 6. Application to set aside for irregularity PART III MODE OF BEGINNING CIVIL PROCEEDINGS CHAPTER 1 GENERAL 7. Mode of beginning civil proceedings CHAPTER 2 SUMMONS 8. Form of summons 4 Laws of Malaysia Section 9. Copies of summons 10. Issue and service 11. Time of service 12. Loss of summons CHAPTER 3 APPLICATIONS 13. Form of application 14. Application of sections 9, 10, 11 and 12 15. Application for divorce CHAPTER 4 ORAL CLAIM OR DEFENCE 16. Oral claim or defence PART IV PARTIES CHAPTER 1 GENERAL 17. Interpretation 18. Joinder of parties 19. Changes of parties 20. Misjoinder or nonjoinder of parties 21. Amendment and services 22. Abatement of action 23. Devolution of interest CHAPTER 2 PERSONS UNDER DISABILITY 24. Person under disability 25. Consent on behalf of person under disability 26. General provisions as to disability 27. Irregular proceedings 28. Removal of guardian ad litem ACT 585 Syariah Court Civil Procedure (Federal Territories) Section 29. Minor plaintiff attaining majority 30. Minor defendant attaining majority CHAPTER 3 POOR PERSONS 31. Application to sue or defend as a poor person 32. Poor person not to discontinue, etc., without leave 33. Costs P ART V PEGUAM SYARIE 34. Wakalah 35. Service on Peguam Syarie 36. Change of Peguam Syarie 37. Discharge of Peguam Syarie 38. Discharge on application of Peguam Syarie 39. Death PART VI SERVICE CHAPTER 1 SERVICE WITHIN JURISDICTION 40. Address for service 41. Mode of service 42. Non-acceptance 43. Service on Peguam Syarie 44. Service at address for service 45. Day of appearance 46. Place and time of service 47. Special cases 48. Substituted service 49. Proof of service 5 6 Laws of Malaysia Section 50. Variation of orders 51. Issue of warrant in lieu of or in addition to summons CHAPTER 2 SERVICE OUT OF THE JURISDICTION 52. When allowed 53. Form of order 54. Mode of service out of jurisdiction within Malaysia 55. Variation of order PART VII INTERPLEADER 56. Entitlement to relief by way of interpleader 57. Claim to goods, etc., taken in execution 58. Mode of application 59. Service of summons 60. Powers of Court hearing summons 61. Other powers 62. Trial of interpleader issue PART VIII PLEADINGS 63. Statement of claim 64. Defendant to serve defence 65. Form of defence 66. Counterclaim 67. Defence to counterclaim 68. Defence of tender 69. Reply 70. Refusal to accept pleading and amendment 71. Particulars ACT 585 Syariah Court Civil Procedure (Federal Territories) PART IX PAYMENT INTO AND OUT OF COURT Section 72. Payment into Court 73. Payment out of Court 74. Part satisfaction 75. Order for payment out of Court 76. Costs 77. Other relief 78. Tender 79. Counterclaims P ART X AMENDMENT 80. Amendment of summons or pleading 81. Amendment to application 82. Defective proceedings 83. Mode of amendment 84. Slip or omission PART XI DISCOVERY 85. Discovery of documents and facts 86. Inspection of documents 87. Privileged communications and documents 88. No appeal against the order PART XII TRANSFER OF PROCEEDINGS 89. Transfer of proceedings to another Court 90. Procedure on transfer 7 8 Laws of Malaysia ACT 585 Section 91. Costs on transfer 92. Procedure on transfer from Syariah High Court to Syariah Subordinate Court 93. Procedure on transfer from Syariah Subordinate Court to Syariah High Court PART XIII SETTLEMENT, WITHDRAWAL AND DISCONTINUANCE 94. Settlement of action 95. Withdrawal of claim 96. Effect of withdrawal on future proceedings 97. Stay 98. Withdrawal of defence 99. Sulh PART XIV EVIDENCE CHAPTER 1 GENERAL 100. Evidence to be taken orally 101. Evidence by affidavit CHAPTER 2 SUBPOENAS 102. Request for issue of subpoena 103. Number of persons in subpoena 104. Subpoena to produce documents 105. Amendment of subpoena 106. Service of subpoena 107. Duration of subpoena 108. Court records 109. Attendance of prisoner as witness or party Syariah Court Civil Procedure (Federal Territories) Section 110. Tender of expenses 111. Affidavit of service of subpoena CHAPTER 3 AFFIDAVITS 112. Making of affidavit 113. Form of affidavit 114. Copy of document shall be annexed to the affidavit 115. Rejection of affidavit 116. Amendment 117. Filing of affidavit 118. Cross-examination PART XV HEARING 119. Hearing in Court 120. Appearance 121. Absence of parties 122. Counterclaims 123. Mutual claims 124. Notes of evidence 125. Documents or exhibits 126. Order of speeches 127. Power of Court 128. Trial not concluded 129. Adjournment PART XVI JUDGMENT AND ORDERS 130. Judgment 131. Consent judgment 132. Terms of judgment or order to be settled by Court 9 10 Laws of Malaysia ACT 585 Section 133. Instalments, when due 134. Order for instalments 135. Judgment, etc., requiring act to be done; time for doing it 136. Date of judgment or order 137. Judgment on movable property PART XVII APPEAL 138. Interpretation 139. Notice of appeal 140. Notice of counter appeal 141. Grounds of appeal 142. Appeal record where appellant is represented 143. Appeal record where appellant is not represented or appeals as a poor person 144. Stay of execution pending appeal 145. Judgment to state grounds 146. Execution of judgment on appeal PART XVIII ENFORCEMENT AND EXECUTION CHAPTER 1 GENERAL 147. Duty to comply CHAPTER 2 ENFORCEMENT 148. Enforcement of judgment, etc., for payment of money 149. Enforcement of judgment for possession of immovable property 150. Enforcement of judgment for delivery of movable property 151. Enforcement of judgment to do or abstain from doing an act 152. Power of Court to fix time 153. Execution by or against person not being a party Syariah Court Civil Procedure (Federal Territories) CHAPTER 3 EXECUTION Section 154. Leave to issue order of execution 155. Issue of order for execution 156. Indorsement of time of delivery 157. Fees and expenses to be levied 158. Satisfaction 159. Types of execution 160. Seizure and sale 161. Hiwalah 162. Money and property in Court 163. Seizure and delivery 164. Deposit of expenses 165. Entry of premises 166. Receipt 167. Application of proceeds 168. Expenses 169. Return of order 170. List of inventory 171. Direction as to performance of bailiff’s duty 172. Delivery to bailiff 173. Payment out of Court 174. Sale CHAPTER 4 SPECIAL PROVISIONS RELATING TO JUDGMENT DEBTOR SUMMONS 175. Application 176. Application for judgment debtor summons 177. Issue of judgment debtor summons 178. Examination of judgment debtor 179. Application for judgment notice 180. Issue of judgment notice 11 12 Laws of Malaysia ACT 585 Section 181. Hearing of judgment notice 182. Order of committal 183. Payment by judgment debtor 184. Certificate of satisfaction 185. Date of committal order PART XIX RATEABLE DISTRIBUTION 186. Proceeds of execution of sale to be distributed rateably among judgment creditors PART XX INTERLOCUTORY PROCEEDINGS AND INTERIM ORDER CHAPTER 1 INTERLOCUTORY PROCEEDINGS 187. Mode of application 188. Notice of application shall be filed 189. Service of application 190. Affidavit 191. Copies of the documents 192. Adjournment 193. Non-appearance 194. Order made ex parte may be set aside 195. Application in a proceedings CHAPTER 2 INTERIM ORDER 196. Application 197. Power of Court to grant interim order 198. No appeal against interim order 199. Detention, preservation, etc., of subject-matter of cause or matter 200. Injunction Syariah Court Civil Procedure (Federal Territories) 13 Section 201. An interim order as to hadhanah 202. Interim order as to maintenance 203. Power to order samples to be taken, etc. 204. Sale of perishable property, etc. 205. Order for early trial 206. Recovery of movable property subject to lien, etc. 207. Allowance of income of property the subject-matter of proceedings PART XXI POWERS OF JUDGE AND REGISTRAR 208. Powers of Registrar 209. Powers of Judge 210. Appeal against judgment, etc., of Registrar to Judge in Chambers PART XXII MONEY AND PROPERTY IN COURT 211. Court’s bank account 212. Payment in 213. Payment into bank 214. Notice to person entitled 215. Payment out 216. Mode of payment 217. Remittance by post 218. Books of account 219. Service cost 220. Unclaimed fund, etc. PART XXIII COSTS, ALLOWANCE AND COURT FEES 221. Court fees 222. Costs 223. Assessment of costs 14 Laws of Malaysia Section 224. Witnesses 225. Expert witnesses 226. Subsistence and travelling allowances 227. Attendance in more than one proceedings 228. Witness not called P ART XXIV CONTEMPT OF COURT 229. Notice to show cause 230. Contempt by body corporate 231. Proceedings without authority P ART XXV MISCELLANEOUS 232. Language 233. Forms 234. Certified copies 235. Fees, deposit and disbursement 236. Prohibition on officers of the Court 237. Furnishing security 238. Enlargement or abridgement of time 239. Scandalous matter, etc. 240. Personal appearance 241. Service by other Court 242. Recording of evidence before hearing 243. Letter of request 244. Inherent power of the Court 245. Hukum Syarak 246. Rules Committee 247. Rules 248. Cessation of application of the Enactment SCHEDULES ACT 585 Syariah Court Civil Procedure (Federal Territories) LAWS OF MALAYSIA 15 Act 585 SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998 An Act to make provisions relating to civil procedure for the Syariah Courts. [Federal Territories of Kuala Lumpur and Labuan— 22 Oktober 1997, P.U. (B) 440/1998; *Federal Territory of Putrajaya—1 February 2001, P.U. (A) 252/2002] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Syariah Court Civil Procedure (Federal Territories) Act 1998 and applies only to the Federal Territories of Kuala Lumpur and Labuan. (2) This Act shall come into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette. Application 2. This Act shall have effect in all civil proceedings commenced in any Syariah Court except as otherwise provided under any other written law or ordered by the Court. *NOTE—In its application to the Federal Territory of Putrajaya–see the Federal Territory of Putrajaya (Extension and Modification of Syariah Court Civil Procedure (Federal Territories) Act 1998) Order 2002 [P.U. (A) 252/2002]. 16 Laws of Malaysia ACT 585 Interpretation 3. (1) In this Act, unless the context otherwise requires— “Administration Act” means the Administration of Islamic Law (Federal Territori