On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 31/10/2009.
PART III
THE SYARIAH COURT
34. The President of Singapore may by notification in the Gazette constitute a Syariah Court for Singapore (referred to in this Part as the Court).
34A.
—(1) The President of Singapore may appoint one or more presidents of the Court and may designate one of the presidents to be the senior president of the Court.
[20/99]
(2) Every proceeding in the Court and all business arising thereout shall, except as otherwise provided by any written law, be heard and disposed of before a president of the Court.
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(3) The distribution of business among the presidents of the Court shall be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the senior president of the Court.
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(4) In order to facilitate the disposal of business in the Court, the President of Singapore may appoint one or more ad-hoc presidents of the Court for such period or periods as the President thinks fit.
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(5) An ad-hoc president may, in such case as the senior president of the Court may specify, exercise all the powers and perform the functions of a president of the Court.
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(6) Anything done by an ad-hoc president acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a president of the Court.
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(7) The senior president of the Court may from time to time issue such directions relating to the practice of the Court as he thinks fit.
[20/99]
34B.
—(1) The President of Singapore may appoint a registrar and a deputy registrar of the Court.
[20/99; 29/2008]
(2) The registrar of the Court shall have such powers and duties as may be prescribed under this Act.
[20/99]
(3) Subject to this Act, the powers and duties of the registrar of the Court may be exercised by the deputy registrar of the Court.
[29/2008]
35.
—(1) The Court shall have jurisdiction throughout Singapore.
[20/99]
(2) The Court shall have jurisdiction to hear and determine all actions and proceedings in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law and which involve disputes relating to —
(a)
marriage;
(b)
divorces known in the Muslim law as fasakh, cerai taklik, khuluk and talak;
(c)
betrothal, nullity of marriage or judicial separation;
(d)
the disposition or division of property on divorce or nullification of marriage; or
(e)
the payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah.
[20/99; 29/2008]
(3) In all questions regarding betrothal, marriage, dissolution of marriage, including talak, cerai taklik, khuluk and fasakh, nullity of marriage or judicial separation, the appointment of hakam, the disposition or division of property on divorce or nullification of marriage, the payment of emas kahwin, marriage expenses (hantaran belanja) and consolatory gifts or mutaah and the payment of maintenance on divorce, the rule of decision where the parties are Muslims or were married under the provisions of the Muslim law shall, subject to the provisions of this Act, be the Muslim law, as varied where applicable by Malay custom.
[20/99; 29/2008]
Leave to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children
35A.
—(1) Any person who, on or after the commencement of proceedings for divorce in the Court or after the making of a decree or order for divorce by the Court or on or after the registration of a divorce under section 102, intends to commence civil proceedings in any court involving any matter relating to the disposition or division of property on divorce or custody of any child where the parties are Muslims or were married under the provisions of the Muslim law, shall apply to the Court for leave to commence the civil proceedings.
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(2) Where proceedings for divorce are commenced in the Court or a decree or order for divorce is made by the Court or a divorce is registered under section 102 after civil proceedings between the same parties are commenced in any court involving any matter relating to the custody of any child, any party who intends to continue the civil proceedings shall apply to the Court for leave to continue the civil proceedings.
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(3) The Court shall not grant leave to commence the civil proceedings under subsection (1) or to continue the civil proceedings under subsection (2) unless the Court is satisfied that every party who will be affected by such leave has been notified of the application at least 7 days before the grant of such leave.
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(4) The Court shall, if it grants the application for leave under subsection (1) or (2), issue a commencement certificate or a continuation certificate, respectively, to the applicant —
(a)
not later than 21 days after granting such leave; or
(b)
where an appeal against the grant of such leave has been made under section 55, when the decision of the Court to grant such leave has been confirmed on appeal or the appeal has been discontinued.
[20/99]
(5) This section shall not apply if the parties to the civil proceedings —
(a)
mentioned in subsection (1) consent to the commencement of the civil proceedings, or mentioned in subsection (2) consent to the continuation of the civil proceedings; and
(b)
mentioned in subsection (1) or (2) have obtained a certificate of attendance issued under subsection (7).
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(6) Parties mentioned in subsection (1) or (2) shall, before commencing or continuing (as the case may be) the civil proceedings by consent, attend counselling provided by such person as the Court may appoint.
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(7) The Court shall, after any party has been counselled under subsection (6), issue a certificate of attendance to that party.
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(8) For the purposes of this section, any reference to the registration of a divorce, or to a divorce that is registered, under section 102 shall be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1st March 2009.
[29/2008]
36.
—(1) The Court shall stay proceedings before it —
(a)
involving any matter in respect of which it has issued a certificate under section 35A(4), upon issuing the certificate;
(b)
involving any matter relating to maintenance of any wife during the subsistence of the marriage, if it comes to the knowledge of the Court that civil proceedings relating to maintenance of the wife have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(c)
involving any matter relating to the maintenance of any child of the parties, if it comes to the knowledge of the Court that civil proceedings relating to the maintenance of the child have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(d)
to which section 35A(1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been commenced in any court by the consent of the parties; or
(e)
to which section 35A(2) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued in any court by the consent of the parties.
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(2) Where leave granted by the Court under section 35A is reversed on appeal under section 55, the Court may restore any proceedings which have been stayed under subsection (1)(a).
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(3) Nothing in this section shall prevent the Court from exercising its powers under sections 51(2) and 52(1), (2) and (3)(a) and (b).
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38.
—(1) The languages of the Court shall be the national language and English.
(2) All documents and written proceedings may be written or typewritten in the national language (Jawi or Rumi script).
(3) The Court shall keep and maintain full and proper records of all proceedings therein and full and proper accounts of all financial transactions of the Court.
39. Every party to any proceedings shall appear in person or by advocate and solicitor or by an agent, generally or specially authorised to do so by the Court.
40. The Court may, in any case in which it or a Kadi or Naib Kadi is empowered to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest if —
(a)
either before the issue of the summons or after the issue of the summons but before the time fixed for his appearance the Court has reason to believe that he has absconded or will not obey the summons; or
(b)
if at the time fixed for his appearance he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
41.
—(1) Where under the provisions of any law in force in any of the States of Malaysia a Kadi has issued a summons requiring any person to appear before any Muslim religious court in any of the States of Malaysia, and such person is or is believed to be in Singapore, any president of the Court may endorse the summons with his name, and such summons may then be served on such person as if it were a summons issued by the Court under the provisions of this Act.
[20/99]
(2) Where under the provisions of any law in force in any of the States of Malaysia a summons issued by the Court or a Kadi in Singapore has been endorsed by a Kadi in such State and served on the person summoned, such summons shall for the purposes of this Act be deemed to have been as validly served as if such service had been effected in Singapore.
(3) For the purposes of this section, Kadi includes a Chief Kadi, a Kadi Besar, an Assistant Kadi or a Naib Kadi.
42.
—(1) The Court shall have regard to the law of evidence for the time being in force in Singapore, and shall be guided by the principles thereof, but shall not be obliged to apply the same strictly.
(2) The Court may administer oaths and affirmations.
(3) Evidence shall ordinarily be given on oath in a form binding upon Muslims, but the Court may on special grounds dispense with an oath and take evidence on affirmation. Such affirmation shall be in accordance with the Oaths and Declarations Act (Cap. 211).
(4) Whether on oath or on affirmation a witness shall be bound to state the truth.
(5) If in the opinion of the Court any witness has wilfully given false evidence in any proceedings, the Court may report the matter to the Public Prosecutor.
43. The Court shall have the following powers:
(a)
to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Court may think it necessary or desirable to procure or examine;
(b)
to require the evidence, whether written or oral, of any witness to be made on oath or affirmation or by statutory declaration;
(c)
to summon any person to attend before the Court or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession;
(d)
to issue a warrant of arrest to compel the attendance of any person who, after being summoned to attend, fails to do so and who does not excuse such failure to the satisfaction of the Court and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons; and
(e)
to exercise the powers of a Magistrate’s Court for the purpose of giving effect to a warrant of arrest or an order of imprisonment and of a court under Chapter XXXII of the Criminal Procedure Code (Cap. 68).
44.
—(1) The Court may for sufficient reason adjourn any proceeding from time to time and from place to place.
(2) Subject to subsection (1), proceedings in the Court shall be held in the court house of the Court.
45. The Court may fix, and may at any time extend or abridge, the time for doing any act or thing, and in default of compliance with any order so made may proceed as if the party in default had not appeared.
47.
—(1) A married woman may apply to the Court for a divorce in accordance with the Muslim law.
(2) In any such case, the Court shall summon the husband before the Court and enquire whether he consents to the divorce.
(3) If the husband so consents, the Court shall cause the husband to pronounce a divorce and on payment of the prescribed fees cause the divorce to be registered.
(4) If the husband does not agree to divorce the wife, but the parties agree to a divorce by redemption (khuluk), the Court may assess the amount of payment to be made by the wife in accordance with the status and means of the parties and shall thereupon cause the husband to pronounce a divorce by redemption and, on payment of the amount so assessed and the prescribed fees, cause the divorce to be registered.
(5) If the husband does not agree to a divorce by khuluk, the Court or the registrar of the Court may appoint a hakam in accordance with section 50.
[29/2008]
(6) For the purposes of this section and sections 48 and 49, “married woman” includes a woman against whom a talak has been pronounced by her husband.
[20/99]
48.
—(1) A married woman may, if entitled in accordance with the Muslim law to a divorce in pursuance of the terms of a written taklik made at or after her marriage, apply to the Court to declare that such divorce has taken place.
(2) The Court shall —
(a)
examine the written taklik and make such enquiry as appears necessary into the validity of the divorce;
(b)
if satisfied that the divorce is valid in accordance with the Muslim law, confirm the divorce; and
(c)
upon payment of the prescribed fees, cause the divorce to be registered.
49.
—(1) A married woman shall be entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds:
(a)
that the husband has neglected or failed to provide for her maintenance for a period of 3 months;
(b)
that the husband has been sentenced to imprisonment for a period of 3 years or upwards and such sentence has become final;
(c)
that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year;
(d)
that the husband was impotent at the time of the marriage and continues to be so;
(e)
that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;
(f)
that the husband treats her with cruelty, that is to say —
(i)
habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
(ii)
associates with women of ill repute or leads an infamous life;
(iii)
attempts to force her to lead an immoral life;
(iv)
obstructs her in the observance of her religious profession or practice;
(v)
lives and cohabits with another woman who is not his wife; or
(vi)
if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law;
(g)
on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law.
(2) Before passing a decree on ground (d) of subsection (1), the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of the order that he has ceased to be impotent and if the husband so satisfies the Court within such period no decree shall be passed on that ground.
(3) Upon receiving such application the Court shall cause a summons to be served upon the husband of the woman.
(4) The Court shall then record the sworn statement of the woman and at least 2 witnesses and may then, if satisfied that the woman is entitled to a decree of fasakh in accordance with subsection (1), make a decree of fasakh accordingly.
(5) The Court making an order or decree under this section shall immediately cause such order or decree to be registered.
(6) The register shall be signed by the registrar of the Court, by the woman who obtains the order or decree, and at least 2 witnesses whose evidence has been taken by the Court.
(7) Subsections (1)(g), (3) to (6) shall apply, with the necessary modifications, to a married man as they apply to a married woman.
[20/99]
50.
—(1) Before the making of an order or decree for talak, fasakh, cerai taklik or khuluk, the Court or the registrar of the Court may appoint in accordance with the Muslim law 2 arbitrators, or hakam, to act for the husband and wife respectively.
[29/2008]
(2) In making such appointment, the Court or the registrar of the Court, as the case may be, shall where possible give preference to close relatives of the parties having knowledge of the circumstances of the case.
[29/2008]
(3) The Court or the registrar of the Court may give directions to the hakam as to the conduct of the arbitration and they shall conduct it in accordance with such directions and according to the Muslim law.
[29/2008]
(4) If the hakam are unable to agree, or if the Court or the registrar of the Court is not satisfied with the conduct of the arbitration, the Court or the registrar may remove the hakam and appoint other hakam in their place.
[29/2008]
(5) The hakam shall endeavour to effect a reconciliation between the parties and shall report the result of their arbitration to the Court.
(6) The hakam shall endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, decree a divorce, and shall in such event report the same to the Court for registration.
(7) If the hakam are of opinion that the parties should be divorced but are unable for any reason to decree a divorce, the Court or the registrar of the Court shall appoint other hakam and shall confer on them authority to effect a divorce and the hakam, if they do so, shall report the same to the Court for registration.
[29/2008]
51.
—(1) A married woman may, by application to the Court, obtain an order against her husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging in accordance with the Muslim law.
(2) A woman who has been divorced may, by application to the Court, obtain an order against her former husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging for the period of her iddah.
(3) A woman who has been divorced and who is not or has ceased to be entitled to an order for maintenance under subsection (2) may apply to the Court and the Court may, if satisfied that it is just and proper to do so in view of all the circumstances of the case, make an order against the former husband for the payment by him of such sums for such period as the Court considers fit.
(4) The Court may vary or rescind any order made under this section on the application of the person in whose favour or against whom the order was made where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court.
[20/99; 29/2008]
(5) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.
[20/99]
52.
—(1) The Court shall have power to inquire into and adjudicate upon claims by married women or women who have been divorced for payment of her emas kahwin and marriage expenses (hantaran belanja).
[29/2008]
(2) A woman who has been divorced by her husband may apply to the Court for a consolatory gift or mutaah and the Court may, after hearing the parties, order payment of such sum as may be just and in accordance with the Muslim law.
(3) The Court may, at any stage of the proceedings for divorce or nullity of marriage or after making a decree or order for divorce or nullity of marriage, or after any divorce has been registered under section 102 before 1st March 2009, on the application of any party, make such orders as it thinks fit with respect to —
(a)
the payment of emas kahwin and marriage expenses (hantaran belanja) to the wife;
(b)
the payment of a consolatory gift or mutaah to the wife;
(c)
the custody, maintenance and education of the minor children of the parties; and
(d)
the disposition or division of property on divorce or nullification of marriage.
[20/99; 29/2008]
(4) The Court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section.
[20/99]
(5) Any order under this section may be made upon such terms and subject to such conditions, if any, as the Court thinks fit.
[20/99]
(6) The Court may, on the application of any interested person, vary or rescind any order made under this section where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court.
[20/99; 29/2008]
(7) In making any order under subsection (3)(d), the Court shall have power to order the disposition or division between the parties of any property or the sale of any such property and the division between the parties of the proceeds of such sale in such proportions as the Court thinks just and equitable.
[20/99]
(8) It shall be the duty of the Court in deciding whether to exercise its powers under subsection (7) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:
(a)
the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the property;
(b)
any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;
(c)
the needs of the children, if any, of the marriage;
(d)
the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
(e)
any agreement between the parties with respect to the ownership and division of the property made in contemplation of divorce;
(f)
any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;
(g)
the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business;
(h)
the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future;
(i)
the financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future;
(j)
the standard of living enjoyed by the family before the breakdown of the marriage;
(k)
the age of each party and the duration of the marriage;
(l)
any physical or mental disability of either of the parties; and
(m)
the value to either of the parties of any benefit (such as a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
[20/99]
(9) For the purposes of subsection (7), the Court may in particular, but without limiting the generality of subsections (4), (5) and (6), make any one or more of the following orders:
(a)
an order for the sale of any property or any part thereof, and for the division, vesting or settlement of the proceeds;
(b)
an order vesting any property owned by both parties jointly in both the parties in common in such shares as the Court considers just and equitable;
(c)
an order vesting any property or any part thereof in either party;
(d)
an order for any property, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;
(e)
an order postponing the sale or vesting of any share in any property, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
(f)
an order granting to either party, for such period and on such terms as the Court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party;
(g)
an order for the payment of a sum of money by one party to the other party.
[20/99]
(10) Where, under any order made under this section, one party is or may become liable to pay to the other party a sum of money, the Court may direct that the money shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions as the Court thinks fit.
[20/99]
(11) Where, pursuant to this section, the Court makes an order for the sale of any property and for the division, application or settlement of the proceeds, the Court may appoint a person to sell the property and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested.
[20/99]
(12) Where the Court, by any order under this section, appoints a person (including the registrar or other officer of the Court) to act as a trustee or to sell any property and to divide, apply and settle the proceeds thereof, the Court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses.
[20/99]
(13) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.
[20/99]
(14) For the purposes of this section, “property” means —
(a)
any asset acquired before the marriage by one party or both parties to the marriage which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b)
any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.
[20/99]
53.
—(1) Where the Court has made any of the following orders, whether before, on or after 1st March 2009, such order may be treated as a maintenance order made by a District Court under the Women’s Charter (Cap. 353), including a maintenance order for the purposes of Part IX of the Women’s Charter, solely for the purpose of the enforcement of that order by the District Court:
(a)
(b)
an order for the payment of a consolatory gift or mutaah under section 52(2) or (3)(b);
(c)
an order for the maintenance of a minor child under section 52(3)(c).
[29/2008]
(2) Where the Court has made any of the following orders, whether before, on or after 1st March 2009, such order may be treated as an order made by a District Court solely for the purpose of the enforcement of that order by the District Court:
(a)
an order for the payment of emas kahwin and marriage expenses (hantaran belanja) under section 52(1) or (3)(a);
(b)
an order for the custody of a minor child under section 52(3)(c);
(c)
an order for the disposition or division of property under section 52(3)(d).
[29/2008]
(3) For the purposes of subsection (1), the provisions of the Women’s Charter (Cap. 353) shall apply, with the necessary modifications, to the enforcement of any order of the Court referred to in that subsection by the District Court.
[29/2008]
(4) A District Court shall have jurisdiction to enforce any order in accordance with this section regardless of the monetary amount involved.
[20/99; 29/2008]
(5) In enforcing a custody order under subsection (2), a District Court may exercise the powers conferred on the High Court by section 14 of the Guardianship of Infants Act (Cap. 122) except that the reference to the sheriff in that section shall be read as a reference to a bailiff for the purposes of this subsection.
[20/99; 29/2008]
(6) Where, on or after the commencement of proceedings in a District Court for the enforcement of an order made by the Syariah Court pursuant to subsection (1) or (2), a party aggrieved by that order has made any application under section 55 or commenced any proceedings in any court affecting that order, the District Court may, on its own motion or on the application of any party, stay the proceedings for the enforcement of that order on such terms as it thinks fit.
[29/2008]
53A.
—(1) If a judgment or an order of the 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, a document or an indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the Court for execution upon the proper stamp, if any is required by law.
[20/99]
(2) The signature thereof by the registrar or any president of the Court shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute.
[20/99]
(3) Nothing in this section shall be taken to abridge the powers of a court under section 53.
[20/99]
(4) This section and sections 51(4) and (5), 52(6) and (13) and 53 shall also apply to any judgment or order of the Court made before 1st August 1999.
[20/99]
53B. The Court may, in its discretion, order any party to pay any costs of any proceedings under this Part, including travelling and subsistence expenses of the parties and witnesses, and shall itself assess the amount of any costs so ordered to be paid.
[20/99]
54.
—(1) If the husband of any married woman has died or is believed to have died or has not been heard of over a prolonged period, in such circumstances that he might for the purpose of enabling his wife to remarry be presumed in accordance with the Muslim law to be dead, but a death certificate cannot be obtained, the Court may on the application of the wife and after such inquiry as may be proper issue in accordance with the Muslim law a certificate of presumption of the death of the husband and thereafter the wife shall be at liberty to remarry.
(2) Such certificate shall be deemed to be a certificate of the death of the husband within the meaning of section 97(1)(b)(i).
55.
—(1) An appeal shall lie to an Appeal Board constituted under this section from any decision of the Court —
(a)
by any person aggrieved by the decision if the amount in issue on appeal is not less than $450;
(b)
in all cases involving any decision as to personal status, by any person aggrieved by the decision;
(c)
in all cases relating to maintenance, by any person aggrieved by the decision;
(d)
in all cases relating to custody of minor children, by any person aggrieved by the decision;
(e)
in all cases relating to the disposition or division of property on divorce or nullification of marriage, by any party aggrieved by the decision;
(f)
to grant or refuse leave to commence or to continue civil proceedings under section 35A, by the other party in the civil proceedings; or
(g)
in any other case, with the leave of the Appeal Board.
[20/99]
(2) No appeal under subsection (1)(a), (b), (c), (d) or (e) shall lie against a decision of the Court by consent except with the leave of the Appeal Board.
[20/99]
(3) The President of Singapore acting on the advice of the Majlis shall, at least once in every 2 years, nominate at least 7 Muslims to form a panel of persons from among whom an Appeal Board of 3 may be constituted from time to time by the President of the Majlis.
[20/99]
(4) On any person appealing against a decision of the Court or applying for leave to appeal in accordance with subsection (1) or (2), the President shall select 3 persons to form an Appeal Board to hear such appeal or application for leave to appeal and shall nominate one of such persons to preside over the Appeal Board.
[20/99]
(5) On any appeal, an Appeal Board may confirm, reverse or vary the decision of the Court, exercise any such powers as the Court could have exercised, make such order as the Court ought to have made or order a retrial, or award costs if it thinks fit.
[20/99]
56.
—(1) The President of Singapore may in his discretion call for the record of any proceedings before the Court, the Registrar, Kadi or Naib Kadi and may refer such record to the Majlis for its consideration.
(2) The Majlis may after considering the matter recommend that the decision of the Court, the Registrar, Kadi or Naib Kadi, as the case may be, be reversed, altered or modified and the President of Singapore may thereupon order such decision to be reversed, altered or modified.
(3) Every decision when so altered or modified shall in its altered or modified form be held to be valid in all respects as if made by the Court, the Registrar, Kadi or Naib Kadi whose decision has been revised.
56A. Subject to the provisions of this Act, any decision of the Court or the Appeal Board shall be final and conclusive, and no decision or order of the Court or the Appeal Board shall be challenged, appealed against, reviewed, quashed or called into question in any court and shall not be subject to any Quashing Order, Prohibiting Order, Mandatory Order or injunction in any court on any account.
[20/99; 42/2005]
56B.
—(1) A member of the Court or an Appeal Board, or the registrar or deputy registrar of the Court, shall not be liable to be sued for any act done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, if he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.
[20/99; 29/2008]
(2) No officer of the Court or any other person expressly authorised by the Court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the Court shall be liable to be sued for the execution of or attempting to execute the writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he knowingly acted in excess of the authority conferred upon him by the writ, summons, warrant, order, notice or other mandatory process.
[20/99]
(3) The officer or other person referred to in subsection (2) shall not be deemed to have acted knowingly in excess of his authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.
[20/99]