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Frequently Asked Questions

Question 1: What are the causes of delay in the case in the Syariah Court Kedah?

Answers :

  1. Summons / application can not be submitted to the defendant / Opposing Party.
  2. Foreign Jurisdiction Submission of application is not filed in the case that the defendant / party abroad against Kedah Darul Aman.
  3. Affidavit is not filed when the delivery is made outside the state of Kedah Darul Aman.
  4. The claimant / applicant or the defendant / Party Against a tough ask for out of court settlement.
  5. The claimant / applicant or the defendant / Party Against're tough because they could not live on leave from the employer.
  6. The claimant / applicant or the defendant / Party Against a tough ask for sick leave.
  7. The claimant / applicant or the defendant / Party Against a tough ask for emergency leave.
  8. The claimant / applicant or the defendant / Party Against're tough as to appoint a lawyer.
  9. The claimant / applicant or the defendant / Party Against a tough ask for to file documents.
  10. The claimant / applicant or the defendant / Party Against're tough because witnesses could not be subpoenaed.
  11. The claimant / applicant or the defendant / Party Against're tough because witnesses could not attend.
  12. Lawyers ask tough as sick leave.
  13. Lawyers ask tough as emergency leave.
  14. Lawyers ask tough because there are cases in which a higher court.
  15. Lawyers ask tough for a given date coincides with the date fixed in advance.
  16. Lawyers seek respite as the necessary documents are still not available.
  17. Lawyers seek tougher because of client orders.
  18. Summons to the accused could not be delivered.
  19. Arrest warrant can not be surrendered.
  20. Affidavit of service of the accused have not been filed when it comes to overseas Kedah Darul Aman.
  21. The prosecutor was unable to provide the address for the accused.
  22. Judge emergency leave.
  23. Judge sick leave.
  24. The judge adjourned the case for parties / counsel was absent without reason.
  25. The judge adjourned the case for administrative reasons. 


Question 2: How long does the process calls for the designation of registered cases?

Answer : Ordinarily mention will be given immediately after the registration of the case was completed and the date of designation to be determined within 30 working days after the case is filed.


Question 3: When the letter of the judgment or order was issued after the case is complete?

Answer : Letter judgment or order shall be issued within a week after the case is completed. A court order will be issued when the application is made with a payment order RM4.00.  It is advisable for the parties concerned in order to apply for a court order is issued immediately (after the case is over), do not wait until one party disobeys new order to apply.  Judgment or written order of the Court is crucial for the application of the enforcement order. Order will be filed by Lawyer if the parties represented Lawyer.

 
Question 4: When the divorce papers will be issued?

Answer : Production of a certificate of divorce is in the jurisdiction of the District Office of Religious. The court will only issue a letter of consent divorce registration.

 
Question 5: Why is there syariah criminal cases can not be dealt with or disposed of the case?

Answer : This may be due to the fact there was no clear case or the prosecutor failed to prove its case in a "prima facie evidence" against the accused on a charge.

 
Question 6: Why the court did not pay me a living while I can order?

Answer : Only a court ruling issued a decree to order the husband to pay alimony and others. Payment will be made by the husband and not the courts. But if the husband does not pay as ordered, wife or child maintenance is concerned with the enforcement of the order may apply in court. The court will issue an enforcement order in the form of either a payment ordered by salary deduction or imprisoned as requested by gentlemen.


Question 7: Why am I not allowed to see and complained to the judge?

Answer : You will not be allowed to see and complained to the judge in order to avoid unfairness (biased). Judge is the time to see if your case is called / tried in the courtroom or during the court session. If you have business related to the trial or the case may be met with the Assistant Registrar or Assistant Registrar of the Syariah Subordinate Court and the Registrar or Assistant Registrar of the Syariah High Court.

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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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