On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 07/05/1999.
THE SCHEDULE
Section 23(2)
RELATED AMENDMENTS | |
First column | Second column |
Delete subsection (4) and substitute the following subsections: “(4) A District Court’s jurisdiction conferred by the following sections of this Part shall not include any jurisdiction expressly excluded by any other written law. (4A) A District Court’s jurisdiction to hear and try any civil proceeding which comes within the jurisdiction of the Syariah Court constituted under the Administration of Muslim Law Act (Cap. 3) shall be the same as if section 17A of the Supreme Court of Judicature Act (Cap. 322) applies to the District Court with the modification that any reference therein to the High Court shall be read as a reference to a District Court.”. | |
New section 45 | Insert, immediately after section 44, the following section: 45.—(1) If a judgment or order of a District Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed, or indorsed, may prepare a deed, or document, or indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to a District Court for execution upon the proper stamp, if any is required by law, and the signature thereof by the registrar, by order of the District Court, shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute. (2) Nothing in this section shall be held to abridge the powers of a District Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument.”. |
(a) Section 16 | Delete subsection (2). |
(b) New section 17A | Insert, immediately after section 17, the following section: 17A.—(1) Notwithstanding sections 16 and 17, the High Court shall have no jurisdiction to hear and try any civil proceedings involving matters which come within the jurisdiction of the Syariah Court under section 35(2)(a), (b) or (c) of the Administration of Muslim Law Act (Cap. 3) in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law. (2) Notwithstanding that such matters come within the jurisdiction of the Syariah Court under section 35(2)(d) or (e), 51 or 52(3)(c) or (d) of the Administration of Muslim Law Act, the High Court shall have jurisdiction as is vested in it by any written law to hear and try any civil proceedings involving matters relating to — (a) maintenance for any wife or child; (b) custody of any child; and (c) disposition or division of property on divorce.”. |
“(3) Where civil proceedings involving any matter referred to in subsection (2)(b) or (c) and involving parties who are Muslims or were married under the provisions of the Muslim law are commenced in the High Court, the High Court shall stay the civil proceedings — (a) involving any matter referred to in subsection (2)(b) or (c), if the civil proceedings are commenced on or after the commencement of proceedings for divorce in the Syariah Court or after the making of a decree or order for divorce by the Syariah Court or on or after the registration of any divorce under section 102 of the Administration of Muslim Law Act (Cap. 3) between the same parties, unless a Syariah Court commencement certificate in respect of the civil proceedings has been filed with the High Court; (b) involving any matter referred to in subsection (2)(b), if proceedings for divorce are commenced in the Syariah Court or a decree or order for divorce is made by the Syariah Court or a divorce is registered under section 102 of the Administration of Muslim Law Act between the same parties after the commencement of the civil proceedings, unless a Syariah Court continuation certificate in respect of the civil proceedings has been filed with the High Court. ”. | |
“(4) For the purposes of subsection (3), where the proceedings in the Syariah Court are commenced on the same day as the civil proceedings in the High Court, the proceedings in the Syariah Court shall be deemed to have been commenced before the civil proceedings. (5) Subsection (3)(a) shall not apply if the civil proceedings referred to therein are commenced in the High Court by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act have been filed in accordance with the Rules of Court. (6) Subsection (3)(b) shall not apply if the civil proceedings referred to therein are continued by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act have been filed in accordance with the Rules of Court. (7) For the avoidance of any doubt, the High Court, in exercising its jurisdiction or powers under subsection (2), shall apply the civil law. (8) Notwithstanding section 3(2) of the Women’s Charter (Cap. 353), section 112 of that Act shall apply to the High Court in the exercise of its jurisdiction or powers under subsection (2)(c).”. | |
“(9) In this section —
“Syariah Court” means the Syariah Court constituted under the Administration of Muslim Law Act (Cap. 3);
“Syariah Court commencement certificate” means a commencement certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act;
“Syariah Court continuation certificate” means a continuation certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act.”. | |