Malaysia legislation

Section 31

of Syariah Civil Procedure Ordinance, 2001

Section 31

(2)

An application under subsection (1) shall be made in Form

MS 4 and supported by an affidavit containing the following particulars:

(a)

his name, place of abode and occupation;

(b)

a declaration that he is unable to pay the Court fees in the proceedings; and

(c)

all the material facts of the case.

(3)

The affidavit shall be prepared by the applicant or by an officer of the appropriate Court and shall be verified in the presence of a Judge or Registrar.

(4)

Where the Court is satisfied—

(a)

that the applicant is unable to pay the Court fees in the proceedings; and

(b)

that the applicant has a good cause of action or defence, as the case maybe, the Court shall make an order admitting the applicant (hereinafter called the “poor person”) to sue or defend, as the case may be, as a poor person.

(5)

Where an order is made under subsection (4), the summons and other process in the action or other proceedings and the relevant entry in the cause book shall be marked “orang miskin”

(6)

Where the Court is not so satisfied, it shall dismiss the application and there shall be no appeal against the dismissal.

Poor person not to discontinue, etc., action or proceedings without leave