Syariah Courts Act · s 17

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17.
Appeal to Syariah High Court
(1) An appeal shall lie to the Syariah High Court from any decision of the Syariah Subordinate Courts.
(2) In its criminal jurisdiction, an appeal may be made by a Syar’ie
Prosecutor or by an accused person and such appeal may be made against an acquittal, or against a conviction or sentence or both, or any part of it, or against any order of the trial Court.

Syariah Courts
(3) In its civil jurisdiction, an appeal may be made —
(a) by any person aggrieved by or dissatisfied with any decision;
(b) in all cases involving any decision as to personal status, by any person aggrieved by or dissatisfied with the decision; and
(c) in all cases relating to maintenance of dependants, by any person aggrieved by or dissatisfied with the decision:
Provided that no such appeal shall lie against a decision made by consent.
(4) In any case not provided for in subsection (2) or (3), an appeal may be made if the Syariah High Court grants leave to appeal.
(5) On any appeal, the Syariah High Court may —
(a) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or order further investigation, enhance or vary the sentence, order a re-trial, or vary or reverse any order of the trial Court;
(b) in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such power as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a re-trial.

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s 17Appeal to Syariah High Court

(1)

An appeal shall lie to the Syariah High Court from any decision of the Syariah Subordinate Courts.

(2)

In its criminal jurisdiction, an appeal may be made by a Syar’ie

Prosecutor or by an accused person and such appeal may be made against an acquittal, or against a conviction or sentence or both, or any part of it, or against any order of the trial Court.

Syariah Courts

(3)

In its civil jurisdiction, an appeal may be made —

(a)

by any person aggrieved by or dissatisfied with any decision;

(b)

in all cases involving any decision as to personal status, by any person aggrieved by or dissatisfied with the decision; and

(c)

in all cases relating to maintenance of dependants, by any person aggrieved by or dissatisfied with the decision:

Provided that no such appeal shall lie against a decision made by consent.

(4)

In any case not provided for in subsection (2) or (3), an appeal may be made if the Syariah High Court grants leave to appeal.

(5)

On any appeal, the Syariah High Court may —

(a)

in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or order further investigation, enhance or vary the sentence, order a re-trial, or vary or reverse any order of the trial Court;

(b)

in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such power as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a re-trial.