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Chapter XVIII

202. Interim order for hadhanah

(1)

Subject to the provisions of the Islamic Family Law Act

(Chapter 217), on the application of any party to a cause or matter for the hadhanah of a child, if the Court is satisfied that the circumstances require an interim order to be made for the hadhanah of the child, the Court may make such order which shall have immediate effect and continue until the

Court has made a decision in respect of the cause or matter.

(2)

An application under this section shall not be made before the action has commenced, except in case of urgency which in the interest of justice and for the protection of the applicant or the child it appears that the immediate intervention of the Court is required.

(3)

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 —

(a)

of the facts giving rise to the claim against the defendant in the proceedings;

(b)

of the facts giving rise to the claim for the interim order;

(c)

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;

(d)

of any facts known to the applicant which might lead the Court not to grant the interim order;

(e)

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

(f)

of the relief sought.

Syariah Courts Civil Procedure Code 82

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