Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter XV
163. Seizure and sale
Official textFrom Attorney General's Chambers, unchanged
The following provisions apply when an execution is ordered by seizure and sale of any property —
property
“property” means movable or immovable property and includes intellectual property;
the bailiff shall —
bailiff
“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;
subject to as hereinafter provided, take the property and place it under his custody;
if the property consists of shares, stocks, debentures or bonds not transferable by delivery, in any loan or fund, serve on the appropriate authority and the judgment madin a copy of the order of execution in Form MS 37
together with sufficient particulars of the shares, stocks, debentures or bonds seized;
after seizure of the property, any transfer or disposal of the property, except with leave of the Court, shall be void;
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;
at any time before sale, the judgment da’in may request the bailiff to release any specified property and such release is not deemed to be abandonment of the execution as a whole;
at any time before sale, the judgment da’in may abandon the execution, and the bailiff shall thereupon return the order of execution to the Court;
order of execution
“order of execution” includes order of seizure, order of sale and order of delivery.
the bailiff shall, unless the property seized be money, proceed to sell it in accordance with the provisions of this Part;
Syariah Courts Civil Procedure Code 68
the bailiff shall, on completion of the execution, make a return relating to the execution and submit it to the Registrar.
Registrar
“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;
Terms defined in this Act
bailiff
Defined · s 2“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;
Court
Defined · s 2“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;
form
Defined · s 2“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;
judgment madin
Defined · s 2“judgment madin” means a person liable under any judgment for payment of money;
order of execution
Defined · s 156“order of execution” includes order of seizure, order of sale and order of delivery.
property
Defined · s 2“property” means movable or immovable property and includes intellectual property;
Registrar
Defined · s 2“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 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