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Registration Procedure of Appeal Case

The appeal cases  were made in the case of an appeal of the Syariah Lower Court to Syariah High Court or Syariah High Court to Syariah Appeal Court. Syariah Appeal Court decision is a final decision and can not be appealed further.

Appeal case can be made within 14 days of the decision. However in cases which exceed the period of appeal,  an application for permission to extend the time of an appeal can be made in the Syariah High Court with reasonable grounds.  Cases that decisions made by consent of the parties can not be appealed.

Hearing on the appeal cases will usually not hear the witnesses and question of fact, but on questions of law only.

Registration of Mal Appeal

Here is the procedure of registration of civil appeal case in the Syariah High Court and Syariah Court of Appeal.

  1. Appealing parties or counsel is required to file a Notice of Appeal in 5 copies in court that made the decision.
  2. Notice of appeal fee of RM50.00.
  3. After the notice of appeal is received and registered, the prosecutor shall send a copy of the Notice of Appeal to the defendant by themself.
  4. Reasons of the Appeal was filed within 14 days after the date of notification "Notice that the certified copy of the Explanatory Notes Copy Judgment And Ready", if no appeal is rejected.
  5. Costs of the appeal fee of RM150.00.
  6. Appealing party will receive "Notice that the Record of Appeal Ready" and required to pay the preparation of the appeal record.
  7. Date of court session will be given within 30 working days after the appeals lodged in the Syariah High Court or Syariah Appeal Court.

Registration of Criminal Appeal

  1. Appeal filed on behalf of five copies of the Notice of Appeal at a court decision is made. If the appellant is in prison notice of appeal is admissible in oral / writing given to the Superintendent of Prison Officers.
  2. "Notice that the Explanatory Notes Certified Copy of Copy of Judgment And Ready" will be released to the Speed and within 14 days of the notice, the appellant shall file 5 copies of the petition of appeal to the Court to decide.

If the petition of appeal were not included in the prescribed period, the appeal is deemed to be withdrawn and the appeal was rejected, except by special leave to appeal. (Reference Section 140 (9) and 142 Syariah Criminal Procedure Enactment (Selangor) 1988

If the appellant is in prison, the petition of appeal given orally / writing to the Superintendent of Prison Officers acceptable and Prison Superintendent Officer shall immediately serve notice of its intention to court decisions. (Refer to Section 140 (7) (a) (b) Enactment of the Syariah Criminal Procedure (Kedah) 1988.

Date of court session talk will be given within 30 working days after the appeals lodged in the Syariah High Court or Syariah Appeal Court.

Jabatan Kehakiman Syariah Negeri Kedah
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

Copyright © 2022, Information Technology Unit, Kedah Syariah Judiciary Department
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Last Updated: Wednesday, 24 July 2024
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