Section 38
Protection of Judges and other judicial officers
of Syariah Courts Enactment 2024
(1)
No Judge or other person acting judicially shall be liable to be sued in any Syariah Court or civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.
(2)
No officer of any Syariah Court or other person bound to execute the lawful warrants or orders or other processes issued by any Judge shall be liable to be sued in any Syariah Court or civil court for the execution of such warrant or order or other process which he would be bound to execute if within the jurisdiction of the person issuing the same.
20
(3)
No bailiff or other officer of the Court charged with the duty of executing any judgment or order, or of attaching any property before judgment, shall be liable to be sued in any Syariah Court or civil court in respect of any property seized by him, or in respect of damage caused to any property in effecting or attempting to effect the seizure, unless it shall appear that he knowingly acted in excess of the authority conferred upon him by the warrant or order in question, and he shall not be deemed to have acted knowingly in excess of his authority merely by reason of knowing of the existence of a dispute as to the ownership of the property so seized.