Section 28
of Syariah Courts Enactment 2024
Section 28
A Syariah Supreme Court shall have jurisdiction to hear and determine any appeal against any decision of the Syariah Appeal Court in its appellate jurisdiction in respect of any matters decided by the Syariah High Court in its original jurisdiction.
(2)
When an appeal from a decision of a Syariah High Court has been decided by the Syariah
Appeal Court, the Syariah Supreme Court may on the application of any party before a Syariah
Supreme 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
Appeal Court has affected the result of the appeal.
(3)
When leave to the application under subsection (2) has been granted by the Syariah
Supreme Court, the Court shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah Appeal Court might have made and as it considers just for the disposal of the appeal.
(4)
In any proceeding pending before the Syariah Supreme 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, may at any time be made by a Judge of the Syariah Supreme Court.
(5)
Every application under subsection (4) shall be deemed to be a proceeding in the Syariah
Supreme 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.