| Bahasa Melayu | English | Arabic |

    Main Page Court Procedures Court Procedure for Subordinate Court

Court Procedure for Subordinate Court

1) The Registrar reviews the application to determine whether the Court has the jurisdiction or not to register the application 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 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;
    1. If he agreed, the Accused is convicted with the charge imposed,
    2. The Accused is given the opportunity to appeal for a lighter sentence,
    3. 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:
    1. To give evidence under oath, or
    2. To give evidence not under oath,or
    3. 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 Syariah Court of Appeal within fourteen (14) days.