Syariah Courts Act

This Act may be cited as the Syariah Courts Act.

In this Act, unless the context otherwise requires —

“Chief Syar’ie Judge” means the Chief Syar’ie Judge appointed under section 8(1);

“Chief Syar’ie Prosecutor” means an officer appointed under section 25(1);

“Judge” means a Syar’ie Judge appointed under sections 9(1), 10(1)

and 11 and includes the Chief Syar’ie Judge;

“Kadi” means a Kadi appointed under section 45(1) of the Religious

Council and Kadis Courts Act (Chapter 77) and includes the Chief

Kadi and the Deputy Chief Kadi;

“Majlis” means Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter 77);

“President of the Majlis” means a person appointed under section 13 of the Religious Council and Kadis Courts Act

(Chapter 77);

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“Religious Enforcement Officer” means an officer appointed under section 26 and includes the Chief Religious Enforcement Officer;

“Syariah Appeal Court Judge” means a Judge of Syariah Appeal

Court appointed under section 9(1);

“Syariah Courts” means the Syariah Subordinate Courts, the Syariah

High Court or the Syariah Appeal Court, as the case may be, established under section 6(1);

“Syariah High Court Judge” means a Judge of Syariah High Court appointed under section 10(1);

“Syariah Subordinate Court Judge” means a Judge of Syariah

Subordinate Court appointed under section 11;

“Syar’ie Judge” means a Syar’ie Judge appointed under sections 9(1), 10(1) and 11 and includes the Chief Syar’ie Judge;

“Syar’ie Lawyer” means a person admitted as Syar’ie Lawyer under section 27(1).

All words and expressions used in this Act and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4)

If any conflict or doubt arises when interpreting any word or expression relating to Hukum Syara’, the meaning of such word or expression shall be decided according to the accepted views

If any conflict or doubt arises as to the meaning or requirement of a provision under this Act, the text in the Malay language shall prevail.

Nothing contained herein shall derogate from or affect the prerogative rights and powers of His Majesty the Sultan and Yang

Di-Pertuan as the Head of the Religion of Brunei Darussalam.

Syariah Courts

For the avoidance of doubt, it is hereby declared that no court other than a court established under Part 2 shall hear or determine any claim or proceeding under the jurisdiction of the Syariah Courts.