Section 20
Court notwithstanding absence of Judge
of Syariah Courts Ordinance, 2001
⎯(1) If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any
Judge of the Syariah Appeal Court hearing the proceeding is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that
Syariah Appeal Court, then, if both parties consent, the hearing of the proceedings shall continue before, and judgment or reserved judgment, as the case may be, shall be given by, the remaining Judges of the Syariah Appeal Court, and the Syariah Appeal Court shall, for the purposes of the proceedings, be deemed to have been properly constituted.
(2)
In any such case as is mentioned in subsection (1), if there is no unanimous decision by both of the remaining Judges, the appeal shall be re-heard.
(3)
If under subsection (1) both parties do not give their consent, or more than one Judge is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Syariah Appeal Court, the appeal shall be re-heard.