ORDER 84B
REGISTRATION OF
SYARIAH COURT ORDERS
SYARIAH COURT ORDERS
Powers under section 53 of Administration of Muslim Law Act exercisable by Judge or Registrar (O. 84B, r. 1)
1. The powers conferred on the District Court by section 53 of the Administration of Muslim Law Act (Chapter 3) (referred to in this Order as the Act) may be exercised by a District Judge in Chambers and the Registrar.
2. An application under section 53(2) of the Act for the registration in the District Court of any order obtained in the Syariah Court (referred to as a Syariah Court order) must be made by an ex parte originating summons.
3. An application for the registration of a Syariah Court order must be supported by an affidavit —
(a)
exhibiting —
(i)
the Syariah Court order sought to be registered or a verified or certified or otherwise duly authenticated copy thereof; and
(ii)
where the Syariah Court order is not in the English language, an English translation thereof in accordance with Order 92, Rule 1;
(b)
stating the name and the usual or last known place of residence of —
(i)
the person who has obtained the Syariah Court order; and
(ii)
the person against whom the Syariah Court order has been made, so far as known to the deponent; and
(c)
stating to the best of the information or belief of the deponent —
(i)
that the person applying for the registration of the Syariah Court order is entitled to enforce the Syariah Court order;
(ii)
that at the date of the application the Syariah Court order has not been complied with; and
(iii)
the amount in respect of which the Syariah Court order remains unsatisfied, if applicable.
4. The Court may order the person applying for the registration of a Syariah Court order to give security for the costs of the application and of any proceedings which may be brought to set aside the registration.
5.
—(1) An order in Form 209 giving leave to register a Syariah Court order must —
(a)
be drawn up by, or on behalf of, the person applying to register the Syariah Court order; and
(b)
be served on the person against whom the Syariah Court order has been made.
(2) Every such order shall state the period within which an application may be made to set aside the registration of the Syariah Court order and shall contain a notification that execution on the Syariah Court order will not issue until after the expiration of that period.
(3) The Court may, on an application made at any time while it remains competent for any person to apply to have the registration of a Syariah Court order set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
6. There shall be kept in the Registry a register of all the Syariah Court orders registered under this Order.
7.
—(1) Notice of the registration of a Syariah Court order must be served on the person against whom the Syariah Court order has been made and, subject to paragraph (2), must be served personally unless the Court otherwise orders.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ.
(3) The notice of registration must state —
(a)
the full particulars of the Syariah Court order which has been registered and the order for its registration;
(b)
the name and address of the person seeking to enforce the Syariah Court order or of his solicitor on whom, and at which, any summons issued by the person against whom the Syariah Court order has been made may be served;
(c)
that the person against whom the Syariah Court order has been made has a right to apply to have the registration set aside; and
(d)
the period within which an application to set aside the registration may be made.
8.
—(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be endorsed by the person who served it with the day of the week and date on which it was served.
(2) If the notice is not so endorsed within the period mentioned in paragraph (1), the person seeking to enforce the Syariah Court order may not issue execution on the Syariah Court order to which the notice relates without the leave of the Court.
(3) Every affidavit of service of any such notice must state the date on which the notice was endorsed under this Rule.
9.
—(1) An application to set aside the registration of a Syariah Court order must be made by summons supported by an affidavit stating the grounds of the application.
(2) The Court hearing such application may order any issue between the person who has obtained the Syariah Court order and the person against whom the Syariah Court order has been made to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) Where the Court hearing an application under this Rule to set aside the registration of a Syariah Court order is satisfied that the Syariah Court order falls outside Part III of the Act or that it is not just or convenient that the Syariah Court order should be enforced in the District Court or that there is some other sufficient reason for setting aside the registration, it may order the registration of the Syariah Court order to be set aside on such terms as it thinks fit.
10.
—(1) Execution shall not issue on a Syariah Court order registered under this Order until after the expiration of the period which, in accordance with Rule 5(2), is specified in the order for registration as the period within which an application may be made to set aside the registration of the Syariah Court order or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a Syariah Court order, execution on the Syariah Court order shall not issue until after such application is finally determined.
(3) Any person wishing to issue execution on a Syariah Court order registered under this Order must produce to the Bailiff an affidavit of service of the notice of registration of the Syariah Court order and any order made by the Court in relation to the Syariah Court order.