Religious Council and Kadis Courts Act · 2022 Revised Edition · Part 2
44. Judicial Committee
Official textFrom Attorney General's Chambers, unchanged
There shall be a Judicial Committee of the Majlis, consisting of the Mufti, two other regular members and any number of additional members.
Judicial Committee
“Judicial Committee” means the Judicial Committee of the Majlis appointed under this Act;
The members of the Judicial Committee, other than the Mufti, shall be appointed by His Majesty the Sultan and Yang Di-Pertuan and such appointment shall specify whether they are regular or additional members.
Mufti
“Mufti” means the Mufti Kerajaan of Brunei Darussalam, appointed under section 40;
His Majesty the Sultan and Yang Di-Pertuan may at any time revoke any such appointment. Notice of every such appointment shall be published in the Gazette. No Kadi shall be a member of the Judicial Committee.
Kadi
“Kadi” means a Kadi appointed under this Act and includes the Chief Kadi and the Deputy Chief Kadi;
The Mufti shall be Chairman of the Judicial Committee: In his absence, His Majesty the Sultan and Yang Di-Pertuan may appoint a
Chairman.
The Judicial Committee shall in all cases act by its Chairman and two other members, who shall be the two regular members if they are available to act, or, in the absence of one or both of the regular members, such one or two, as the case may be, of the additional members as the
Chairman may designate for the purpose.
Religious Council and Kadis Courts 26
Subject to any written law, the Judicial Committee shall have power to regulate its own procedure and practice.
The members of the Judicial Committee are deemed to be public servants as defined by the Penal Code (Chapter 22).
If in any Court other than the Religious Court any question of
Court
“Court” means a religious Court, that is the Court of a Kadi or of the Chief Kadi;
Muslim law or doctrine falls for decision, and such Court requests the opinion of the Majlis on such question, the question shall be referred to the
Judicial Committee which shall for and on behalf and in the name of the
Majlis, give its opinion thereon in accordance with the opinion of the majority of its members, and certify such opinion to the requesting Courts.
The Judicial Committee shall perform such further duties and shall have such further rights and powers as may be imposed or conferred on it by any written law.
The provisions of section 43(1) and (2) apply, with such modifications as may be necessary, to all proceedings of the Judicial
Committee:
Provided that no reference shall be made to His Majesty the Sultan and
Yang Di-Pertuan as to the principles of law to be applied, but the Judicial
Committee shall determine any such question in its own discretion.
Terms defined in s 2
Court
Defined · s 2“Court” means a religious Court, that is the Court of a Kadi or of the Chief Kadi;
Judicial Committee
Defined · s 2“Judicial Committee” means the Judicial Committee of the Majlis appointed under this Act;
Kadi
Defined · s 2“Kadi” means a Kadi appointed under this Act and includes the Chief Kadi and the Deputy Chief Kadi;
Mufti
Defined · s 2“Mufti” means the Mufti Kerajaan of Brunei Darussalam, appointed under section 40;
Part 3
Part 4
Part
Mosques
Part 6
Part 7
Part
Converts
Part
Renunciation of Islamic Religion
Part
Offences
Part