Act · 2022 Revised Edition · 42 parts
Syariah Courts Civil Procedure Code
Civil procedure for the religious courtsPart
Preliminary
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Syariah Courts Civil Procedure Code.
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).
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’.
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.
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