Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 [Hingga 10hb Januari 2024]

The Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 is a Shariah law enacted by the Selangor State Legislative Assembly to govern the procedures and practices of the Shariah courts in Selangor, Malaysia. The Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 came into force on 26 June 2003, and has been amended several times since then, with the latest amendment taking effect on 10 January 2024.

The Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 consists of 66 sections, which are divided into nine parts:

Part I: Preliminary This part provides the definitions of the terms used in the Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003, including the definitions of the terms "court", "presiding officer", "witness", "oath", and "evidence".

Part II: Jurisdiction of the Court This part describes the jurisdiction of the Shariah court in Selangor, which includes matters related to family law, inheritance, waqf, and endowments.

Part III: Commencement of Proceedings This part outlines the procedures for commencing proceedings in the Shariah court, including the filing of a petition, the issuance of a summons, and the service of the summons.

Part IV: Powers and Procedures of the Court This part describes the powers and procedures of the Shariah court, including the power to summon witnesses, the power to issue warrants, the power to administer oaths, and the power to determine the admissibility of evidence.

Part V: Evidence This part sets out the rules of evidence that apply in the Shariah court, including the admissibility of oral and written evidence, the examination of witnesses, the requirements for the production of documents, and the use of expert witnesses.

Part VI: Judgment This part outlines the procedures for rendering judgments in the Shariah court, including the requirements for a unanimous decision, the recording of judgments, and the right to appeal.

Part VII: Execution This part describes the procedures for enforcing judgments and orders issued by the Shariah court, including the power to issue writs of execution, the power to attach and sell property, and the power to imprison or fine a person for contempt of court.

Part VIII: Costs and Fees This part sets out the rules governing the payment of costs and fees in the Shariah court, including the payment of fees for filing a petition, the payment of costs for summoning witnesses, and the payment of fees for the issuance of a certificate of judgment.

Part IX: Miscellaneous This part includes provisions related to the powers of the presiding officer, the service of documents, the use of the Malay language, and the delegation of powers.

Overall, the Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 is a comprehensive piece of legislation that provides a framework for the operation of the Shariah court in Selangor. It outlines the procedures and practices that must be followed by the court, and sets out the rules of evidence and the requirements for rendering judgments and enforcing orders. The Enakmen Keterangan Mahkamah Syariah (Negeri Selangor) 2003 plays an important role in ensuring that the Shariah court in Selangor operates fairly and effectively, and that the rights of all parties involved in legal proceedings are protected.