Enakmen Tatacara Jenayah Syariah (Negeri Selangor) 2003 [Hingga 10hb Mei 2022]

Suatu Enakmen untuk membuat peruntukan yang berhubungan dengan tatacara jenayah syariah bagi Mahkamah Syariah.

*Nota: Buku ini mengandungi kedua-dua versi Bahasa Melayu dan Bahasa Inggeris.

The Syariah Criminal Procedure Enactment (Selangor) 2003 is a legal document that outlines the procedures for handling criminal cases under the Islamic law (syariah) in the state of Selangor, Malaysia. The enactment was in force until May 10, 2022, when it was repealed and replaced by the Syariah Criminal Procedure Code (Selangor) 2020.

The Enactment consists of 13 chapters and 130 sections, covering various aspects of the criminal justice process in Syariah courts. Some of the key provisions of the Enactment are:

Chapter 1: Preliminary

This chapter provides definitions for key terms used in the Enactment, including "court," "offence," "accused," and "witness."

Chapter 2: Jurisdiction

This chapter outlines the jurisdiction of Syariah courts in Selangor and specifies the types of offences that can be heard in these courts. The Syariah courts have jurisdiction over offences related to Islamic law, such as hudud, qisas, and ta'zir offences.

Chapter 3: Institution of Proceedings

This chapter specifies the procedures for the institution of proceedings in Syariah courts. It outlines the types of complaints that can be made, who can make them, and the process for issuing a summons.

Chapter 4: Arrest, Bail, and Remand

This chapter outlines the procedures for arresting and detaining suspects, as well as the conditions for granting bail and remand. It also specifies the circumstances under which a suspect can be released on bail or remand.

Chapter 5: Appearance of Accused and Pleas

This chapter outlines the procedures for the appearance of accused persons in court and specifies the types of pleas that can be entered.

Chapter 6: Trial and Evidence

This chapter outlines the procedures for conducting a trial in Syariah courts, including the examination of witnesses and the submission of evidence. It also specifies the rules of evidence that apply in Syariah courts.

Chapter 7: Sentencing and Execution of Sentences

This chapter outlines the procedures for sentencing and executing sentences in Syariah courts. It specifies the types of punishments that can be imposed, such as fines, imprisonment, and caning.

Chapter 8: Appeal and Review

This chapter outlines the procedures for appealing and reviewing decisions made by Syariah courts. It specifies the timeframes for filing an appeal and the grounds on which an appeal can be made.

Chapter 9: Miscellaneous

This chapter covers a range of miscellaneous provisions, including the power of the court to order the payment of compensation, the protection of witnesses, and the confidentiality of court proceedings.

Chapter 10: Transitional and Savings

This chapter specifies the transitional provisions for the implementation of the Enactment and the savings provisions for cases that were ongoing at the time the Enactment came into force.

Chapter 11: Repeal and Saving

This chapter outlines the process for repealing the Enactment and specifies the savings provisions for cases that were ongoing at the time of the repeal.

Chapter 12: Offences and Penalties

This chapter specifies the offences and penalties for violating the provisions of the Enactment. Penalties can include fines, imprisonment, and caning.

Chapter 13: Interpretation

This chapter provides definitions for key terms used in the Enactment and specifies the language in which court proceedings should be conducted.

Overall, the Syariah Criminal Procedure Enactment (Selangor) 2003 provided a comprehensive legal framework for the handling of criminal cases in Syariah courts in Selangor.

Enakmen Tatacara Jenayah Syariah (Negeri Selangor) 2003

Syariah Criminal Procedure (State of Selangor) Enactment 2003