Skip to content

Section 50

Saving and transitional

of Syariah Courts Enactment 2024

State EnactmentIn forceProvision 50 of 50
Section 50
(1)

All Court rules and other subsidiary legislation made under, and any action exercised or carried out lawfully under or in accordance with the power of the Repealed Enactment shall, to the extent that the Court rules or the subsidiary legislation are not inconsistent with this Enactment, be deemed have been done under or in accordance to the power of this Enactment, and shall continue to be in force until the same is amended, repealed, resolved, revoked or replaced under or in accordance with power of this Enactment.

(2)

On the commencement of this Enactment, every power of the Syariah Court constituted under the Repealed Enactment shall be taken over or exercised by the Syariah Court constituted under this

Enactment and any expression in any written law relating to the Syariah Court constituted under the

Repealed Enactment, shall be deemed to be the expression which refer to the Syariah Court constituted under this Enactment.

(3)

Any Judges, syariah officers and persons appointed under the Repealed Enactment holding office before the coming into operation of this Enactment shall, on the coming into operation of this

Enactment, continue to hold office under this Enactment until their term of appointments expire or they resign or their appointments are revoked or varied in accordance with this Enactment and shall have same powers, rights, privileges, liabilities, duties and obligations as if they had been appointed under this Enactment.

24

(4)

Any person who, immediately before the commencement of this Enactment, was admitted as a Syar 'ie Lawyer under the Repealed Enactment shall, subject to this Enactment and any rules relating to Syar 'ie Lawyer made under this Enactment, be deemed to have been admitted to be a

Syar ’ie Lawyer and shall be entitled to appear in any Syariah Court on behalf of any party to any proceedings before the Syariah Court.

(5)

Any proceeding, action, claim or liability made, originated, filed, exercised or carried out in or before the Syariah Court established under the Repealed Enactment before the date of commencement of this Enactment, shall be deemed to have been resumed or carried out as if the

Syariah Court had been properly constituted under this Enactment.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on

Wednesday, the 10th day of July, 2024.

DATUK SERI PANGLIMA HAJI KADZIM BIN HAJI M. YAHYA,

Speaker,

State Legislative Assembly.

25