Syariah Courts Criminal Procedure Code · s 249

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249.
Judgment of appeal for offences punishable with death and certain other offences
(1) Notwithstanding any provision in any other written law, for the purposes of an appeal in respect of offences of qatlul- 'amd, hirabah, rina.
zina-bil-jubar, liwat or irtidad punishable with death and of other offences as the Chief Syar'ie Judge may prescribe, the Syariah Appeal Court shall consist of five members to form a panel of Judges as follows -
(a) the Chief Syar'ie Judge as the chairman; and
(b) at least -
(i) two Syariah Appeal Court Judges; and
(ii) one Muslim who is -

Syuriah Cozrrts
Criminal Procedure Code
CAP. 224 141
(A) a Judge of the Supreme Court:
(B) a retired Judge of the Supreme Court; or
(C) a suitable and qualified person to be appointed as a
Judge of the Supreme Court.
(2) An appeal under subsection (1) shall be determined in accordance with a unai~imous decision of the members of the Syariah Appeal
Court.
(3) When a unanimous decision as to the guilt of the accused fails to be reached, the accused shall not be sentenced for that offence but may, if a majority of the members of the Syariah Appeal Court agree, be sentenced for any other offence and the Syariah Appeal Court shall pass such sentence if there is sufficient evidence for that purpose.

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s 249Judgment of appeal for offences punishable with death and certain other offences

(1)

Notwithstanding any provision in any other written law, for the purposes of an appeal in respect of offences of qatlul- 'amd, hirabah, rina.

zina-bil-jubar, liwat or irtidad punishable with death and of other offences as the Chief Syar'ie Judge may prescribe, the Syariah Appeal Court shall consist of five members to form a panel of Judges as follows -

(a)

the Chief Syar'ie Judge as the chairman; and

(b)

at least -

(i)

two Syariah Appeal Court Judges; and

(ii)

one Muslim who is -

Syuriah Cozrrts

Criminal Procedure Code

CAP. 224 141

(A)

a Judge of the Supreme Court:

(B)

a retired Judge of the Supreme Court; or

(C)

a suitable and qualified person to be appointed as a

Judge of the Supreme Court.

(2)

An appeal under subsection (1) shall be determined in accordance with a unai~imous decision of the members of the Syariah Appeal

Court.

(3)

When a unanimous decision as to the guilt of the accused fails to be reached, the accused shall not be sentenced for that offence but may, if a majority of the members of the Syariah Appeal Court agree, be sentenced for any other offence and the Syariah Appeal Court shall pass such sentence if there is sufficient evidence for that purpose.