Malaysia legislation

Section 21

of Syariah Courts Enactment 2024

Section 21

(2)

When an appeal from a decision of a Syariah Subordinate Court has been determined by the Syariah High Court, the Syariah Appeal Court may on the application of any party before a

Syariah Appeal Court Judge, grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the

Syariah High Court has affected the result of the appeal.

(3)

When leave has been granted by the Syariah Appeal Court, it shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah High Court might have made and as it considers just for the disposal of the appeal.

(4)

In any proceeding pending before the Syariah Appeal Court any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs and for the dismissal of a proceeding for default in furnishing security so ordered Inay at any time be made by a Syariah Appeal Court Judge.

(5)

Every application under subsection (4) shall be deemed to be a proceeding in the Syariah

Appeal Court.

(6)

Every order made under subsection (4) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.

14

Application for leave to appeal to Syariah Appeal Court