ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) (AMENDMENT) ACT 2017

This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.

New section 57a

Where a Syariah Court in the Federal Territories issues a warrant authorizing the arrest of any person or summons calling any person to appear in a Syariah Court, and such person is or is believed to be in another State in Malaysia and such warrant or summons is executed or served on such person in accordance with any law of that State, the warrant or summons shall, for the purpose of this Act, be deemed to have been duly executed or served as if the execution or service had been effected in the Federal Territories.

Where a Syariah Court in any State in Malaysia makes an order or a judgment under any law of that State against a person and such person is or is believed to be in the Federal

Territories, a Syariah Judge, if he is satisfied that the order or judgment was duly issued by a competent Syariah Court in any State in Malaysia, may endorse the order or judgment and such order or judgment may be executed or served, as the case may be, as if it had been an order or a judgment lawfully issued by any Syariah Court in the Federal Territories according to the provisions of this Act.

Where a Syariah Court in the Federal Territories makes an order or a judgment against any person or an order calling any person to appear in a Syariah Court and such person is or is believed to be in another State in Malaysia and the order or judgment is executed or served on such person in accordance with any law of that State, such order or judgment shall, for the purpose of this Act, be deemed to have been duly executed or served as if the execution or service had been effected in the Federal Territories.”.

Amendment of Part V

in subsection (3), by substituting for the word “personally”

the words “except rights and powers expressed to be exercisable by the Chief Syariah Prosecutor personally”;

by inserting after subsection (3) the following subsection:

“(3a) The rights and powers vested in or exercisable by the Chief Syariah Prosecutor by subsection (3)

shall be exercisable by the Chief Syariah Prosecutor personally.”; and

by inserting after subsection (4) the following subsection:

“(5)  The Religious Enforcement Officers shall act under the general control and direction of the Chief

Religious Enforcement Officer and may exercise all or any of the rights and powers vested in or exercisable by the Chief Religious Enforcement Officer except rights and powers expressed to be exercisable by the

Chief Religious Enforcement Officer personally.”.

Savings and transitional

Any warrant authorizing the arrest of any person or summons calling any person to appear in a Syariah Court in the Federal

Territories issued by a Syariah Court in the Federal Territories pending to be executed or served on such person immediately before the coming into operation of this Act and such person is or is believed to be in another State in Malaysia shall, on the coming into operation of this Act, be dealt with under the principal Act as amended by this Act.

Any order or judgment made by a Syariah Court in the

Federal Territories pending to be executed or served on any person who is or is believed to be in another State in Malaysia in accordance with any law of that State immediately before the coming into operation of this Act shall, on the coming into operation of this Act, be dealt with under the principal Act as amended by this Act.

Any notice or application given or made by a Syariah

Prosecutor pursuant to the power under subsection 58(3) of the principal Act in relation to proceedings before the Syariah

Appeal Court which is existing or pending immediately before the coming into operation of this Act shall, on the coming into operation of this Act, be dealt with as if the principal Act has not been amended by this Act.

KUALA LUMPUR