In forceAmended2020 Revised Edition

Contents

Administration of Muslim Law Act 1966 · 2020 Revised Edition · Part 3 · The Syariah Court

36. Stay of proceedings involving certain matters

Feedback & support

Amended

Last amended by an amending law of 2021.

(1)

The Court must 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.

(2)

Where permission 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).

(3)

Nothing in this section prevents the Court from exercising its powers under sections 51(2) and 52(1), (2) and (3)(a) and (b).