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    Main Page Court Procedures Mal Case Information

Mal Case Information

1.) Management procedures for filing the same application case with the application to the Lower/Subordinate Court as in para 1.1 based on:-
  • The offence committed by a Muslim and may be punishable under the Enactment in enforcement;
  • The offence committed or the effect of the offence within the jurisdiction of the local Court;
  • The maximum sentence provided by the Enactment exceeds three thousand Ringgit Malaysia (RM3,000.00) or imprisonment for a term exceeding two (2) years or both; and
  • The application is accompanied by the charge sheet, application form to register the case, a copy of identity card of the Accused; if it is a criminal crime, arrest without warrants and no bail.

2.) The Registrar shall set the date of mention.

3.) If Summon/Warrant of arrest is completed and the Accused is present, the trial begins with:

  • The reading of the charge to the Accused;
  • Ensuring that the Accused understands the charge made against him;
  • If the Accused does not understand the charge, it should be read once again until he understands;
  • The Accused is asked whether to plead guilty or asks to be tried;
  • If he pleads guilty, it shall be made voluntarily and the Accused understands its consequences;
  • The Syariah Prosecutor is asked to present the related facts of the case;
  • Once again, admission of the Accused on the facts of the case presented;

a) If he agreed, the Accused is convicted with the charge imposed,
b) The Accused is given the opportunity to appeal for a lighter sentence,
c) The Syariah Prosecutor is given the opportunity to counter argument of the Accused,

  • The Judge passes judgement.

4.) If the Accused does not plead guilty, the Judge orders the case to be tried with:

  • Listening to examination in chief of the Syariah Prosecutor’s witness;
  • Listening to cross examination of the Syariah Prosecutor’s witnesses (if any);
  • Listening to re-examination of the Syariah Prosecutor’s witnesses (if any);
  • The Accused is ordered by the Judge to give the winding argument followed by the Syariah Prosecutor's argument;
  • If the case does not merit prima facie, the Accused need not be called to defend himself and he is released;
  • If the case merits prima facie, the Accused is ordered to defend himself with three (3) means, namely:

    a)To give evidence under oath, or
    b)To give evidence not under oath, or
    c)To remain silent.

  • If the Accused defends himself by means of (a), the Accused may be cross-examined by the Syariah Prosecutor (if any) and the Accused has the right to testify again (if any);
  • If the Accused opts for (b), there is no process of evidence by cross-examination and re-examination;
  • If the accused opts for (c), the Judge continues to order the witnesses of the Accused to give evidence (if any), cross-examined by the Syariah Prosecutor (if any) and re-examined by the Accused (if any);
  • Upon completion of the Accused giving evidence, the Judge orders the Syariah Prosecutor to give his final argument followed by the argument of the Accused;
  • The Judge gives judgement whether the Accused is guilty or not;
  • If the Accused is not guilty, he is acquitted and discharged. If the Accused is guilty, the Judge will pass the sentence;
  • Any aggrieved party may appeal to the Shariah Court of Appeal within fourteen (14) days.

 

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