Syariah Civil Procedure Ordinance, 2001 (Cap. 44)

Ordinan Tatacara Mal Syariah 2001

Copy of the official text captured from State Attorney-General's Chambers Sarawak (LawNet Sarawak) (lawnet.sarawak.gov.my) on 27 October 2026. Always check the official portal for the authoritative current version.

Number	Cap. 44
Type	State enactment
Applies to	Sarawak
Year	2001
Published by	State Attorney-General's Chambers Sarawak (LawNet Sarawak)

Contents — Parts and sections

248 sections in 25 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 27 October 2026). Read the full wording in the PDF.

Definitions: section 3 (Interpretation).

_______________

Part I PRELIMINARY (4)

s 1 Short title and commencement
s 2 Application
s 3 Interpretation
s 4 General title of form

Part II EFFECT OF NON-COMPLIANCE (2)

s 5 Non-compliance
s 6 Application to set aside for irregularity

Part III MODE OF BEGINNING CIVIL PROCEEDINGS (10)

Chapter 1 GENERAL
- s 7 Mode of beginning civil proceedings
Chapter 2 SUMMONS
- s 8 Form of summons
- s 9 Copies of summons
- s 10 Issue and service
- s 11 Time of service
- s 12 Loss of summons
Chapter 3 APPLICATIONS
- s 13 Form of application
- s 14 Application of sections 9, 10, 11 and 12
- s 15 Application for divorce
Chapter 4 ORAL CLAIM OR DEFENCE
- s 16 Oral claim or defence

Part IV PARTIES (17)

Chapter 1 GENERAL
- s 17 Interpretation
- s 18 Joinder of parties
- s 19 Changes of parties
- s 20 Misjoinder and nonjoinder of parties
- s 21 Amendment and service
- s 22 Abatement of action
- s 23 Devolution of interest
Chapter 2 PERSONS UNDER DISABILITY
- s 24 Person under disability
- s 25 Consent on behalf of person under disability
- s 26 General provisions as to disability
- s 27 Irregular proceedings
- s 28 Removal of guardian ad litem
- s 29 Minor plaintiff attaining majority
- s 30 Minor defendant attaining majority
Chapter 3 POOR PERSONS
- s 31 Application to sue or defend as a poor person
- s 32 Poor person not to discontinue, etc., action or proceedings without leave
- s 33 Costs

Part V PEGUAM SYARIE (6)

s 34 Wakalah or memorandum of appointment
s 35 Service on Peguam Syarie
s 36 Change of Peguam Syarie
s 37 Discharge of Peguam Syarie
s 38 Discharge on application of Peguam Syarie
s 39 Death

Part VI SERVICE (16)

Chapter 1 SERVICE WITHIN JURISDICTION
- s 40 Address for service
- s 41 Mode of service
- s 42 Non-acceptance
- s 43 Service on Peguam Syarie
- s 44 Service at address for service
- s 45 Day of appearance
- s 46 Place and time of service
- s 47 Special cases
- s 48 Substituted service
- s 49 Proof of service
- s 50 Variation of orders
- s 51 Issue of warrant in lieu of or in addition to summons
Chapter 2 SERVICE OUT OF THE JURISDICTION
- s 52 When allowed
- s 53 Form of order
- s 54 Mode of service out of jurisdiction within Malaysia
- s 55 Variation order

Part VII INTERPLEADER (7)

s 56 Entitlement to relief by way of interpleader
s 57 Claims to goods, etc., taken in execution
s 58 Mode of application
s 59 Service of summons
s 60 Powers of Court hearing summons
s 61 Other powers
s 62 Trial of interpleader issue

Part VIII PLEADINGS (9)

s 63 Statement of claim
s 64 Defendant to serve defence
s 65 Form of defence
s 66 Counterclaim
s 67 Defence to counterclaim
s 68 Defence of tender
s 69 Reply
s 70 Refusal to accept pleading and amendment
s 71 Particulars

Part IX PAYMENT INTO AND OUT OF COURT (8)

s 72 Payment into court
s 73 Payment out of court
s 74 Part satisfaction
s 75 Order for payment out of court
s 76 Costs
s 77 Other relief
s 78 Tender
s 79 Counterclaims

Part X AMENDMENT (5)

s 80 Amendment of summons or pleading
s 81 Amendment to application
s 82 Defective proceedings
s 83 Mode of amendment
s 84 Slip or omission

Part XI DISCOVERY (4)

s 85 Discovery of documents and facts
s 86 Inspection of documents
s 87 Privileged communications and documents
s 88 No appeal against the order

Part XII TRANSFER OF PROCEEDINGS (5)

s 89 Transfer of proceedings to another Court
s 90 Procedure on transfer
s 91 Costs on transfer
s 92 Procedure on transfer from Syariah High Court to Syariah Subordinate
Court
s 93 Procedure on transfer from Syariah Subordinate Court to Syariah High
Court

Part XIII SETTLEMENT, WITHDRAWAL AND DISCONTINUANCE (6)

s 94 Settlement of action
s 95 Withdrawal of claim
s 96 Effect of withdrawal on future proceedings
s 97 Stay
s 98 Withdrawal of defence
s 99 Sulh

Part XIV EVIDENCE (19)

Chapter 1 GENERAL
- s 100 Evidence to be taken orally
- s 101 Evidence by affidavit
Chapter 2 SUBPOENAS
- s 102 Request for issue of subpoena
- s 103 Number of persons in subpoena
- s 104 Subpoena to produce documents
- s 105 Amendment of subpoena
- s 106 Service of subpoena
- s 107 Duration of subpoena
- s 108 Court records
- s 109 Attendance of prisoner as witness or party
- s 110 Tender of expenses
- s 111 Affidavit of service of subpoena
Chapter 3 AFFIDAVITS
- s 112 Making of affidavit
- s 113 Form of affidavit
- s 114 Copy of document shall be annexed to the affidavit
- s 115 Rejection of affidavit
- s 116 Amendment
- s 117 Filing of affidavit
- s 118 Cross-examination

Part XV HEARING (11)

s 119 Hearing in Court
s 120 Appearance
s 121 Absence of parties
s 122 Counterclaims
s 123 Mutual claims
s 124 Notes of evidence
s 125 Documents or exhibits
s 126 Order of speeches
s 127 Power of Court
s 128 Trial not concluded
s 129 Adjournment

Part XVI JUDGMENTS AND ORDERS (8)

s 130 Judgment
s 131 Consent judgment
s 132 Terms of judgment or order to be settled by Court
s 133 Instalments, when due
s 134 Order for instalments
s 135 Judgment, etc., requiring act to be done; time for doing it
s 136 Date of judgment or order
s 137 Judgment on movable property

Part XVII APPEAL (9)

s 138 Interpretation
s 139 Notice of appeal
s 140 Notice of counter appeal
s 141 Grounds of appeal
s 142 Appeal record where appellant is represented
s 143 Appeal record where appellant is not represented or appeals as a poor person
s 144 Stay of execution pending appeal
s 145 Judgment to state grounds
s 146 Execution of judgment on appeal

Part XVIII ENFORCEMENT AND EXECUTION (39)

Chapter 1 GENERAL
- s 147 Duty to comply
Chapter 2 ENFORCEMENT
- s 148 Enforcement of judgment, etc. for payment of money
- s 149 Enforcement of judgment for possession of immovable property
- s 150 Enforcement of judgment for delivery of movable property
- s 151 Enforcement of judgment to do or abstain from doing an act
- s 152 Power of Court to fix time
- s 153 Execution by or against person not being a party
Chapter 3 EXECUTION
- s 154 Leave to issue order of execution
- s 155 Issue of order for execution
- s 156 Indorsement of time of delivery
- s 157 Fees and expenses to be levied
- s 158 Satisfaction
- s 159 Types of execution
- s 160 Seizure and sale
- s 161 Hiwalah
- s 162 Money and property in Court
- s 163 Seizure and delivery
- s 164 Deposit of expenses
- s 165 Entry of premises
- s 166 Receipt
- s 167 Application of proceeds
- s 168 Expenses
- s 169 Return of order
- s 170 List of inventory
- s 171 Direction as to performance of bailiff’s duty
- s 172 Delivery to bailiff
- s 173 Payment out of Court
- 10 CAP. 44
- s 174 Sale
Chapter 4 SPECIAL PROVISIONS RELATING TO JUDGMENT DEBTOR SUMMONS
- s 175 Application
- s 176 Application for judgment debtor summons
- s 177 Issue of judgment debtor summons
- s 178 Examination of judgment debtor
- s 179 Application for judgment notice
- s 180 Issue of judgment notice
- s 181 Hearing of judgment notice
- s 182 Order of committal
- s 183 Payment by judgment debtor
- s 184 Certificate of satisfaction
- s 185 Date of committal order

Part XIX RATEABLE DISTRIBUTION (1)

s 186 Proceeds of execution of sale to be distributed rateably among judgment creditors

Part XX INTERLOCUTORY PROCEEDINGS AND INTERIM ORDER (21)

Chapter 1 INTERLOCUTORY PROCEEDINGS
- s 187 Mode of application
- s 188 Notice of application shall be filed
- s 189 Service of application
- s 190 Affidavit
- s 191 Copies of the document
- s 192 Adjournment
- SYARIAH CIVIL PROCEDURE 11
- s 193 Non-appearance
- s 194 Order made ex parte may be set aside
- s 195 Application in a proceedings
Chapter 2 INTERIM ORDER
- s 196 Application
- s 197 Power of Court to grant interim order
- s 198 No appeal against interim order
- s 199 Detention, preservation, etc., of subject matter of cause or matter
- s 200 Injunction
- s 201 An interim order as to hadhanah
- s 202 Interim order as to maintenance
- s 203 Power to order samples to be taken, etc.
- s 204 Sale of perishable property, etc.
- s 205 Order for early trial
- s 206 Recovery of movable property subject to lien, etc.
- s 207 Allowance of income of property the subject matter of proceedings

Part XXI POWERS OF JUDGE AND REGISTRAR (3)

s 208 Powers of Registrar
s 209 Powers of Judge
s 210 Appeal against judgment, etc., of Registrar to Judge in Chambers

Part XXII MONEY AND PROPERTY IN COURT (10)

s 211 Court’s bank account
s 212 Payment in
s 213 Payment into bank
s 214 Notice to person entitled
12 CAP. 44
s 215 Payment out
s 216 Mode of payment
s 217 Remittance by post
s 218 Books of accounts
s 219 Service cost
s 220 Unclaimed fund, etc.

Part XXIII COSTS, ALLOWANCE AND COURT FEES (8)

s 221 Court fees
s 222 Costs
s 223 Assessment of costs
s 224 Witnesses
s 225 Expert witnesses
s 226 Subsistence and travelling allowances
s 227 Attendance in more than one proceedings
s 228 Witness not called

Part XXIV CONTEMPT OF COURT (3)

s 229 Notice to show cause
s 230 Contempt by body corporate
s 231 Proceedings without authority

Part XXV MISCELLANEOUS (17)

s 232 Language
s 233 Forms
s 234 Certified copies
s 235 Fees, deposit and disbursement
SYARIAH CIVIL PROCEDURE 13
s 236 Prohibition on officers of the Court
s 237 Furnishing security
s 238 Enlargement or abridgement of time
s 239 Scandalous matter, etc.
s 240 Personal appearance
s 241 Service by other Court
s 242 Recording of evidence before hearing
s 243 Letter of request
s 244 Inherent power of the Court
s 245 Reference to Islamic Law
s 246 Syariah Court Rules Committee
s 247 Rules
s 248 Repeal and transitional

Schedules: FIRST SCHEDULE · SECOND SCHEDULE · THIRD SCHEDULE — Chapter 44

Financial Procedure Act 1957 (Act 61)

Federal Acts that this law's official text itself refers to (as “[Act N]”), most-referred first.

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Syariah Civil Procedure Ordinance, 2001 (Cap. 44)

Contents — Parts and sections

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