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Basic Procedure of Hearing Process

Syariah Court proceedings in general may be divided into three levels similar to those in the Civil Court:

  • Pre-trial process (mention)
  • During the trial and the judgment process.
  • After the sentencing process or the execution of the judgment or the judgment.

Generally the process of the trial at the Syariah Court is as follows:

1. Judge in, the crowd stood a sign of respect to the Judge (standing orders given by the Police Court or Court Officer). The judge will probably greet the audience. Before the judge entered, the parties involved must be in the courtroom first.  The officers should be in the hall of the Court and preparations that need to be completed.

  • Prosecutors / Parties Applicant / Plaintiff / Plaintiff Counsel (Lawyer) shall state its position as a prosecutor / plaintiffs in the cases to be tried. Wakalah to be read in order to be valid according to Islamic representative if the claim is made via the solicitor.
  • Charged Party / Defendant / Lawyer stood up to state its position as an Advocate of the accused in the cases to be tried. As the Advocate representing an accused person, then wakalah to be read in order to be valid in accordance with Islamic representatives.
  • The judge ordered that the trial begin. Court officials stand for:

(a) Call the accused / the answer / defendants took place.
(b) Read charges / clause and shall meet the requirements - requirements and designed with care.

5. Judges must ensure that the accused is understood the charges and know the consequences (for Sharia criminal cases).

6.  The judge asked the accused either pleaded guilty or want to talk about. According to Islamic law, the accused shall cooperate, either admit it or not. It can not be silent. (for Sharia criminal cases)

  • The claimant / plaintiff can open the case or continue to apply to the court to summon witnesses, one by one.
  • These witnesses will be questioned and examined by the prosecutor and lawyers for Syariah:

(a) The main examination by the demands / Plaintiff / plaintiff. 
(b) Cross-examination by the Sharie lawyer or the accused person.
(c) Re-examination by Counsel claims / applicant / Plaintiff / plaintiff (the question of)

  • Syariah lawyers wind up the argument, followed by the prosecution - pergulungan briefly.
  • Judge to decide whether an accused person is the case (prima facie) to continue the trial and given the opportunity to defend themselves or not.
  • An accused party calling for his defense - if there are cases (for Sharia criminal cases).
  • Party answers / defendant / accused to bring witnesses.
  • Witnesses questioned and examined.

(a) The main examination by the Syariah lawyer / advocate.
(b) Cross-examination by the prosecutor.
(c) Re-examination by the Syariah lawyer / advocate.

  • Lawyer / Advocate wind up the argument as a whole.
  • The prosecutor's argument as a whole roll.
  • Sentence or verdict.
  • If any party is not satisfied or disappointed with the sentence or decision he may appeal to the Syariah High Court within 14 days from the date of sentence.
  • The hearing of the appeal, usually not hearing witnesses and question of fact, but on questions of law only.
  • If the appeal to the Syariah High Court is also satisfied that the appeal to the Syariah Appeal Court may be made within 14 days of the date the decision was issued.
  • Syariah Appeal Court's decision is final.

So in summary procedure the trial process in the Syariah Court to which they are distinct in accordance with the requirements of Islamic law.

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Last Updated: Tuesday, 12 December 2017
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Kedah Syariah Judiciary Department
Aras 2, Bangunan Mahkamah Syariah,
Pusat Pentadbiran Kerajaan Persekutuan,
Bandar Mu'Adzam Shah,
06550 Alor Setar, Kedah Darul Aman.
Tel: 04-700 1980 Fax: 04-700 1989
Email: syariah[dot]negeri[at]kedah[dot]gov[dot]my

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