Malaysia legislation

Section 16

of Syariah Court Civil Procedure Sulh Sabah Rules 2023

Section 16

(2)

Any declaration, order, notification, notice, form, letter of authorization or appointment issued or made under or by virtue of the previous Rules shall, on the coming into operation of these Rules, continue in force, in so far as they are not inconsistent with these Rules, until revoked or replaced by a declaration, order, notification, notice, form, letter of authorization or appointment issued or made under these Rules.

(3)

All proceedings which were instituted before these Rules came into force shall continue until the completion of such proceedings.

FIRST SCHEDULE

[subrule 2(1)]

APPLICATION

Cases can be referred to the Majlis Sulh are as follows:

(a)

betrothal damages;

(b)

muta’ah;

(c)

jointly acquired property;

(d)

maintenance of wife;

(e)

maintenance of disabled party;

(f)

security for maintenance;

(g)

maintenance of ‘iddah;

(h)

variation of a maintenance order;

(i)

arrears of maintenance;

(j)

maintenance of child;

(k)

hadhanah;

(l)

variation of order for maintenance of child;

(m)

variation of order for hadhanah;

(n)

marital damages;

(o)

right to accommodation;

(p)

order to resume cohabitation;

(q)

order for a wife to obey her husband;

(r)

dowry; or

(s)

any such case instructed by the Judge which in his opinion is necessary to be referred to a

Majlis Sulh.

SECOND SCHEDULE

[subrule 2(2)]

NON-APPLICATION

Cases which should not go through the process of sulh, including —

(a)

ex-parte cases;

(b)

cases where a mediation process was conducted under the Legal Aid Act 1971 [Act 26];

(c)

cases where a settlement agreement or consent entered between parties before a Syar’ie

Lawyer;

(d)

cases where the whereabout of the other party is unknown or cannot be traced by the plaintiff;

(e)

cases involving parties requiring a guardian ad litem under section 24 of the Syariah Court

Civil Procedure Enactment 2004; or

(f)

any cases where the Court is satisfied that there are reasonable circumstances which cause the reference to the Majlis Sulh to be impractical.

THIRD SCHEDULE

[paragraph 5(b)]

FORM KS 1

CASE MAL NO. : ....................................................

: .................................................

ADDRESS : .................................................

: .................................................

ADDRESS : .................................................

NOTICE OF ATTENDANCE OF MAJLIS SULH

TAKE NOTICE THAT the Plaintiff has filed a case………..................................(type of claim/

application) ...................................... .........................to this Court.

YOU ARE HEREBY ORDERED to attend personally before the Sulh Officer in this Court on:

Date

.............................................

Time

.............................................

Venue

.............................................

YOU ARE REQUIRED TO ATTEND in the Majlis Sulh personally without the presence of Syar’ie

Lawyer or your representative.

YOU ARE HEREBY INFORMED that your absence will cause this case to be referred to the Court for hearing.

THIS NOTICE ISSUED under the signature and seal of this Court on …… day of ….........………20………

Seal

......…………………………………

Judge/Registrar

Syariah Subordinate/High Court

[subrule 9(3)]

FORM KS 2

CASE MAL NO. : ...................................................

CASE SULH NO. : ...................................................

: .................................................

NOTICE OF ADJOURNMENT OF MAJLIS SULH

PLEASE TAKE NOTE that the above case which is fixed on …….................. at................................... a.m./

p.m. is adjourned to ……………. ...at ........ ............a.m./p.m.

THIS NOTICE ISSUED under the signature and seal of the Court on ............. ..........day of ……….. 20………

Seal

...…………………………………

Judge/Registrar

Syariah Subordinate/High Court/

Sulh Officer

[subrule 10(1)]

FORM KS 3

CASE MAL NO. : ...................................................

: .................................................

Before

………….......................................................

Sulh Officer

At Syariah Subordinate/High Court

…………...............………….........................

On ……………….…………..........................

SULH AGREEMENT

THIS SULH AGREEMENT is made on ................................... between …………..............

addressed at ………….............................. (hereinafter known as “the Plaintiff) and

…………............... addressed at ........................................... (hereinafter known as

“the Defendant”).

MAJLIS SULH was held between the Plaintiff and the Defendant on ………………...…

at……………………a.m./p.m. at .........................................

After negotiation has been held in the Majlis Sulh, both parties Plaintiff and Defendant voluntarily agreed as follows:

Read in full context — Syariah Court Civil Procedure Sulh Sabah Rules 2023 →