Malaysia legislation

Section 48

of *ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993

Section 48

(a)

in its criminal jurisdiction, by the prosecution or by a person convicted, and such appeal may be against an acquittal, conviction or sentence or any of them;

34 Laws of Malaysia ACT 505

(b)

in its civil jurisdiction—

(i)

by any person aggrieved by the decision, if the amount claimed is not less than one thousand ringgit;

(ii)

in all cases involving any decision as to personal status, by any person aggrieved by the decision;

(iii)

in all cases relating to maintenance of dependants, by any person aggrieved by the decision, but no appeal shall lie against a decision made by consent;

and

(c)

in any other case, if the Syariah High Court gives leave to appeal.

(2)

On any appeal, the Syariah High Court may—

(a)

in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or make further inquiry, enhance or alter the nature of the sentence, order a retrial, or alter or reverse any order of the trial Court;

(b)

in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such powers as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a retrial.

Application for leave to appeal

Section 48 — ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993