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Section 56

Court notwithstanding absence of Judge

of Administration of Islamic Law (Federal Territories) Act 1993

ActIn forceProvision 57 of 214
Section 56
(1)

If, in the course of any proceedings in an appeal or at any time before delivery of the judgment, any Judge of the Syariah Appeal

Court hearing the proceedings is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court, then, if both parties consent, the hearing shall continue and judgment or reserved judgment, as the case may be, shall be given by the remaining two Judges of the Court, and for the purposes of the appeal the Court shall be deemed to have been properly constituted.

(2)

In any such case as is mentioned in subsection (1), if there is no unanimous decision, the appeal shall be reheard.

38 Laws of Malaysia ACT 505

(3)

If under subsection (1) both parties do not give their consent, or more than one Judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal shall be reheard.