Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter XVIII
201. Injunction
Official textFrom Attorney General's Chambers, unchanged
On the application of any party to a cause or matter before or after the hearing of the cause or matter, the Court may grant an injunction whether or not the claim for the injunction has been included in the summons or counterclaim, as the case may be.
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;
An application under this section shall not be made before an action has commenced except in case of urgency.
In case of urgency, such application may be made ex parte supported by an affidavit and that affidavit shall contain a clear and concise statement —
of the facts giving rise to the claim against the defendant in the proceedings;
of the facts giving rise to the claim for the injunction;
of the facts relied on as justifying the ex parte application including details of any notice given to the defendant or, if no notice has been given, the reasons for not doing so;
of any answer asserted by the defendant, or which he is thought likely to assert either to the claim in the action or to the claim for the injunction;
of any facts known to the applicant which might lead the
Court not to grant the ex parte injunction;
of whether any previous similar ex parte application has been made to any Judge and, if so, the order made in that previous application; and
of the relief sought.
Notwithstanding subsections (1) and (3), in any proceedings against the Government or the Majlis, the Court shall not grant an injunction but may in substitution make an order declaring the rights of the parties to the cause or matter.
Majlis
“Majlis” means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Court Act;
Syariah Courts Civil Procedure Code
The Court shall not grant an injunction or any order against any officer of the Government or the Majlis if the effect of the injunction or the order is to give relief that may not be obtained by the applicant in the proceedings against the Government or the Majlis.
Terms defined in s 2
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;
Majlis
Defined · s 2“Majlis” means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Court Act;
notice
Defined · s 2“notice” means written notice unless the Court in any case shall order otherwise;
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Contempt of Court
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