LAWS OF BRUNEI CHAPTER 184 SYARIAH COURTS ACT

1 LAWS OF BRUNEICHAPTER 184 SYARIAH COURTS ACTS 37/982000 Edition, CHAPTER 184 Amended byS 17/05S 49/10 REVISED EDITION 8/2011 LAWS OF BRUNEIS yariah 8/2011 1 CAP. 184 LAWS OF BRUNEIREVISED EDITION 2011 CHAPTER 184 SYARIAH COURTSARRANGEMENT OF SECTIONSS ectionPA RT in Malay language shall prevail. of prerogative. jurisdiction of SYARIAH COURTS . PA RT I ISYARIAH COURTSC onstitution and COURTS . s seal, language and record. LAWS OF BRUNEIS yariah Courts2 CAP. 184 of SYARIAH COURTS . officers. and of Chief Syar ie Judge. of SYARIAH Appeal court Judges. of SYARIAH High court Judges. of SYARIAH Subordinate COURTS Judges. of office, termination and removal of service of SyariahCourts Judge.

2 Of Chief Registrar, Deputy Chief Registrar, Registrarand Assistant Registrars. to be notified. of SYARIAH High court . of SYARIAH Subordinate COURTS . to SYARIAH High court . and applications for leave to appeal. and revisionary jurisdiction of SYARIAH High court . of SYARIAH Appeal court . 20A. Appeals and applications for leave to and revisionary jurisdiction of SYARIAH Appeal court . 21A. No revision at instance of party who could have Discretion of SYARIAH High court or SYARIAH Appeal court as tohearing of SYARIAH Appeal court . decision. of proceedings in SYARIAH Appeal Courtnotwithstanding absence of Syar ie Judge.

3 LAWS OF BRUNEIS yariah 8/2011 3 CAP. 18424A. Authority of RT I I IPROSECUTION, INVESTIGATION AND REPRESENTATION of Syar ie Prosecutors. of Religious Enforcement Officers. ie Lawyer. 27A. Right of Powers of COURTS and His His Majesty not compellable to attend RT I V GENERAL of court . 28A. Remuneration of Protection of judicial and other and confirmation of new moon. _____LAWS OF BRUNEIS yariah 8/2011 5 CAP. 184 SYARIAH COURTS ACTAn Act to make specific provisions in respect of the establishment ofSyariah COURTS , appointments, powers of Syar ie Judge andjurisdiction of SYARIAH COURTS and other matters connected with theproceedings of SYARIAH COURTS , and for the determination andconfirmation of the new moonCommencement: 26 March 2001[S 29/01 except section 3]PA RT Act may be cited as the SYARIAH COURTS this Act, unless the context otherwise requires Chief Syar ie Judge means the Chief Syar ie Judge appointedunder section 8(1); Chief Syar ie Prosecutor means an officer appointed undersection 25(1).

4 Judge means a Syar ie Judge appointed under sections 9(1),10(1) and 11 and includes the Chief Syar ie Judge; Kadi means a Kadi appointed under section 45(1) of theReligious Council and Kadis COURTS Act ( CHAPTER 77) and includesthe Chief Kadi and the Deputy Chief Kadi; Majlis means Majlis Ugama Islam constituted under section 5 ofthe Religious Council and Kadis COURTS Act ( CHAPTER 77); President of the Majlis means a person appointed undersection 13 of the Religious Council and Kadis COURTS Act( CHAPTER 77);LAWS OF BRUNEIS yariah Courts6 CAP. 184 Religious Enforcement Officer means an officer appointed undersection 26 and includes the Chief Religious Enforcement Officer; SYARIAH Appeal court Judge means a Judge of SYARIAH AppealCourt appointed under section 9(1); SYARIAH COURTS means the SYARIAH Subordinate COURTS , theSyariah High court or the SYARIAH Appeal court , as the case maybe, established under section 6(1); SYARIAH High court Judge means a Judge of SYARIAH High Courtappointed under section 10(1); SYARIAH Subordinate court Judge means a Judge of SyariahSubordinate court appointed under section 11.

5 Syar ie Judge means a Syar ie Judge appointed undersections 9(1), 10(1) and 11 and includes the Chief Syar ie Judge; Syar ie Lawyer means a person admitted as Syar ie Lawyerunder section 27(1). (2) All words and expressions used in this Act and not definedtherein but defined in the Interpretation and General Clauses Act ( CHAPTER 4)shall have the same meanings respectively assigned thereto in that Act to theextent that they do not conflict with Hukum Syara . (3) If any conflict or doubt arises when interpreting any word orexpression relating to Hukum Syara , the meaning of such word orexpression shall be decided according to the accepted views (qaulmuktamad) of the Mazhab Syafie.

6 [S 17/05]Text in Malay language shall any conflict or doubt arises as to the meaning or requirement of aprovision under this Act, the text in the Malay language shall prevail. Saving of prerogative. contained herein shall derogate from or affect the prerogativerights and powers of His Majesty the Sultan and Yang Di-Pertuan as theHead of the Religion of BRUNEI Darussalam. LAWS OF BRUNEIS yariah 8/2011 7 CAP. 184 Exclusive jurisdiction of SYARIAH COURTS . the avoidance of doubt, it is hereby declared that no court otherthan a court established under Part II shall hear or determine any claim orproceeding under the jurisdiction of the SYARIAH COURTS .

7 PA RT I I SYARIAH COURTS Constitution and Jurisdiction SYARIAH COURTS . 6.(1) There are hereby established SYARIAH COURTS consisting ofSyariah Subordinate COURTS , the SYARIAH High court and the SYARIAH AppealCourt, with such jurisdiction, powers, duties and authority as are conferredand imposed by this Act and by any other written law. (2) The SYARIAH Subordinate COURTS , SYARIAH High court and SyariahAppeal court shall have jurisdiction throughout BRUNEI Darussalam. (3) Notwithstanding subsection (2), the SYARIAH COURTS shall havecriminal jurisdiction in respect of offences committed outside BruneiDarussalam by a citizen or permanent resident of BRUNEI Darussalam.

8 court s seal, language and record. 7.(1) Every SYARIAH court shall have and use where necessary a seal ofsuch form and format as may be approved by the Majlis. (2)(a)The Malay language shall be the language of the SyariahCourts but the SYARIAH COURTS may in the interests of justice allow theuse of any other language. (b)All documents or records of proceedings may be written injawi or rumi script. (c)Every SYARIAH court shall keep and maintain full and properrecords relating to all actions or proceedings before it, full and properLAWS OF BRUNEIS yariah Courts8 CAP. 184accounts relating to all financial matters of the SYARIAH court andshall account for all monies received in a manner provided by theFinancial Regulations (S 1/83) or in such other manner as HisMajesty the Sultan and Yang Di-Pertuan may direct.

9 (d)Any process issued by the SYARIAH COURTS shall bear its sealand shall be signed by an authorised officer. (e)All summonses, warrants, orders, regulations, notices andprocesses whatsoever, whether civil or criminal, issued or made byany SYARIAH court having power in relation to matters within itsjurisdiction shall have full power and effect and may be served orexecuted anywhere within BRUNEI Darussalam. Sitting of SYARIAH COURTS . [S 17/05] 7A. (1) The Chief Syar ie Judge may appoint such places as he thinks fitas court houses for the SYARIAH COURTS .(2) Any place in which a SYARIAH court is held is deemed to be anopen court to which the public generally may have access:Provided that (a)a SYARIAH court shall have power to hear any proceeding orany part thereof in camera if the court is satisfied that it is expedientin the interests of justice, public security or propriety or for any othersufficient reason so to do;(b)a SYARIAH court shall ordinarily exclude a witness until hehas given evidence in proceedings where the court is exercising acriminal jurisdiction.

10 (3) A SYARIAH court may at any time order that no person shallpublish the name, address or photograph of any witness in any proceeding orany evidence or any other thing liable to lead to the identification of any suchwitness; and any person who acts in contravention of any such order shall,notwithstanding any other written law, be liable to a fine not exceeeding$5,000, imprisonment for a term not exceeding one year or OF BRUNEIS yariah 8/2011 9 CAP. 184 Subordinate officers. [S 17/05]7B.(1) There shall be attached to the SYARIAH COURTS such interpreters,clerks, bailiffs, process-servers and other officers as, from time to time,appear to the Chief Syar ie Judge to be necessary for the administration ofjustice and the due execution of all powers and duties which are vested in theSyariah COURTS .