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In force2022 Revised Edition

Act

Syariah Courts Civil Procedure Code

Civil procedure for the religious courts

Part

Preliminary

Official textFrom Attorney General's Chambers, unchanged

s 1Citation

This Act may be cited as the Syariah Courts Civil Procedure Code.

(1)

In this Code, unless the context otherwise requires —

“Act” means the Religious Council and Kadis Courts Act

(Chapter 77);

“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;

“bermastautin” means permanently or ordinarily residing in a certain area;

“bermukim”

means residing without the intention to bermastautin in a certain area whilst not being a traveller;

“certified translation” means a translation of any document certified as correct by the Registrar of the Court or by any other person accepted by the Court;

“Court” means the Syariah Subordinate Court, the Syariah High

Court or the Syariah Court of Appeal as the case may be, as established under section 6(1) of the Syariah Courts Act

(Chapter 184);

“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;

“Hukum Syara’” means the laws of any sects which the Court considers valid;

“judgment” includes grounds of judgment;

Syariah Courts Civil Procedure Code 20

“judgment da’in” means person having the right to enforce judgment for payment of money either by instalment or otherwise;

“judgment madin” means a person liable under any judgment for payment of money;

“lien” means a right on the property of a judgment madin to the extent of the indebtedness;

“Majlis” means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Court Act

(Chapter 77);

“minor” means a person who has not attained the age of 18 years according to the Islamic calender (qamariah);

“notice” means written notice unless the Court in any case shall order otherwise;

“person of unsound mind” means a person of unsound mind in accordance with Hukum Syara’ or the Mental Health Order, 2014

(S 25/2014);

“person under disability” includes a minor, a person of unsound mind and a person prohibited from administering his property;

“property” means movable or immovable property and includes intellectual property;

“Registrar” or “Registrar of the Syariah Court” means the Chief

Registrar of the Syariah Appeal Court, a Deputy Registrar and

Registrars of the Syariah High Court and Assistant Registrars of the Syariah Subordinate Courts appointed under section 13 of the

Syariah Courts Act (Chapter 184);

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

Appeal Court appointed under section 9(1) of the Syariah Courts

Act (Chapter 184);

“Syariah High Court Judge” means a Judge of the Syariah High

Court appointed under section 10(1) of the Syariah Courts Act

(Chapter 184);

“Syariah Subordinate Court Judge” means a Judge of the Syariah

Subordinate Court appointed under section 11 of the Syariah

Courts Act (Chapter 184);

Syariah Courts Civil Procedure Code

“Syar’ie Judge” or “Judge” means a Syar’ie Judge appointed under section 9(1), 10(1) and 11 of the Syariah Courts Act

(Chapter 184) and includes the Chief Syar’ie Judge;

“Syar’ie Lawyer” means a person admitted as Syar’ie Lawyer under section 27(1) of the Syariah Courts Act (Chapter 184).

(2)

All words and expressions used in this Code and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4), shall have the same meanings assigned thereto respectively to the extent that they do not conflict with Hukum Syara’.

(3)

For the avoidance of doubt as to the identity or interpretation of words and expressions used in this Code that are listed in Schedule 1, reference may be made to the form in Arabic script for those words and expressions as shown against them in Schedule.

(4)

The Chief Syar’ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, amend, delete from or add to Schedule 1.

s 3Text in Malay language shall prevail

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

s 4Saving of prerogative

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.

Part

Effect of Non-Compliance

Part

Mode of Commencing Proceedings

Chapter I

Chapter II

Chapter III

Chapter IV

Part

Parties

Chapter V

Chapter VI

Chapter VII

Part

Syar’Ie Lawyer

Part

Service

Chapter VIII

Chapter IX

Part

Interpleader

Part

Pleadings

Part

Payment Into and Out of Court

Part

Amendment

Part

Discovery

Part

Transfer of Proceedings

Part

Settlement, Withdrawal and Discontinuance

Part

Evidence

Chapter X

Chapter XI

Chapter XII

Part

Hearing

Part

Judgments and Orders

Part

Appeal

Part

Enforcement and Execution

Chapter XIII

Chapter XIV

Chapter XV

Chapter XVI

Part

Rateable Distribution

Part

Interlocutory Proceedings and Interim Order

Chapter XVII

Chapter XVIII

Part

Powers of Judge and Registrar

Part

Court Fees, Costs and Allowances

Part

Contempt of Court

Part

General

Schedules