Preamble
An Act to amend the Syariah Court Civil Procedure
(Federal Territories) Act 1998.
[
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ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
/akn/my/act/amendment_act/2025/A1747
AKTA TATACARA MAL MAHKAMAH SYARIAH (WILAYAH-WILAYAH PERSEKUTUAN) (PINDAAN) 2025
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Section 1
This Act may be cited as the Syariah Court Civil Procedure
(Federal Territories) (Amendment) Act 2025.
(2
) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of section 3
Section 2
The Syariah Court Civil Procedure (Federal Territories)
Act 1998 [Act 585], which is referred to as the “principal Act”
in this Act, is amended in subsection 3(1)—
(a)
in the English text, in the definition of “Registrar”, by substituting for the full stop at the end of the definition a semicolon; and
Laws of Malaysia 4
(b)
by inserting after the definition of “Registrar”
the following definition:
‘ “remote communication technology” has the meaning assigned to it in section 40a of the Administration Act.’.
Substitution of section 34
Section 3
The principal Act is amended by substituting for section 34
the following section:
“Wakalah
Section 34
The appointment of a Peguam Syarie shall be pronounced by the person who appoints him and a...
(2
) The appointment and the acceptance of appointment under subsection (1) shall be made in Form MS 5 and shall be filed in Court.”.
Amendment of section 100
Section 4
Section 100 of the principal Act is amended by inserting after the words “in open Court” th...
Amendment of section 109
Section 5
Section 109 of the principal Act is amended—
(a)
in the shoulder note, by inserting after the word
“prisoner” the words “or detained person”;
Syariah Court Civil Procedure (Federal Territories)
(Amendment)
(b)
in subsection (1), by inserting after the words “a prison”
the words “or detained under any written law, who is a witness or party in a proceeding,”; and
(c)
in subsection (2), by substituting for the words
“the witness in safe custody” the words “the person referred to in subsection (1)”.
Amendment of section 119
Section 6
Section 119 of the principal Act is amended—
(a)
by renumbering the existing section as subsection (1);
and
(b)
by inserting after the renumbered subsection (1)
the following subsection:
“(2) The Court shall have the power to hear any cause or matter or any part thereof in camera if the
Court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason so to do.”.
Amendment of section 247
Section 7
Subsection 247(1) of the principal Act is amended by inserting after paragraph (a) the foll...
“(aa) the procedure and practice of the proceedings conducted at any place other than the Court or through remote communication technology;”.
Amendment of Third Schedule
Section 8
The Third Schedule to the principal Act is amended—
(a)
in Form MS 3, by substituting for the word “defendant”
the word “respondent”;
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(b)
i n F o r m M S 5 , b y d e l e t i n g t h e w o r d s
“Before me,
......................…....
Judge/Registrar”;
(c)
in Form MS 24—
(i)
in the heading of Form MS 24, by substituting for the words “IN PRISON” the words
“*CONFINED IN PRISON/DETAINED
UNDER ANY WRITTEN LAW”;
(ii)
in paragraph 1, by substituting for the words
“a prisoner confined in the prison/place of detention” the words “*a person confined in the prison/detained under any written law”;
(iii)
in paragraph 3, by deleting the words
“under section 30 of the Prisons Act 1995”; and
(iv)
by substituting for the words “Sworn (as in
Form MS 26).” the words “Sworn (as in
Form MS 26).
*Delete where not applicable.”; and
(d)
in Form MS 25—
(i)
in the heading of Form MS 25, by substituting for the words “IN PRISON” the words
“*CONFINED IN PRISON/DETAINED
UNDER ANY WRITTEN LAW”; and
(ii)
by substituting for the words “a prisoner in the ........................................” the words
“*a person confined in the ............................../
detained in the .....................................”.