Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560)

Syariah Criminal Procedure (Federal Territories) Act 1997 · Act 560
Akta Tatacara Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997
Applies to: Federal Territories (Syariah criminal cases); each state has its own enactment · Official text ↗

Key points

Religious enforcement officers (and police and mosque officials) may arrest without warrant for 'seizable' Syariah offences, those punishable with 1 year's jail or more (ss 2, 18).
A person arrested without warrant must be taken before a Syariah Subordinate Court judge within 24 hours, excluding travel time (s 22).
Searches of a person must be done by someone of the same sex, with strict regard to decency (s 14).
Statements to enforcement officers are generally not evidence (s 60); bail is the norm and must not be excessive (ss 185–186).
Appeal within 14 days; after a guilty plea, appeal is only on sentence (ss 136, 138, 153).
Built on the civil Criminal Procedure Code, with Hukum Syarak filling any gap (s 230).

What this law covers

Act 560 governs how Syariah criminal cases in Kuala Lumpur and Labuan (extended to Putrajaya in 2002) move from complaint to appeal. The offences themselves are in Act 559 and family-law offences in Act 303. The institutions (Chief Syariah Prosecutor, religious enforcement officers, the courts) come from Act 505. Its structure follows the civil Criminal Procedure Code, adapted for the Syariah courts. Where the Act is silent or conflicts with Hukum Syarak, Hukum Syarak applies (s 230).

Every state has its own Syariah Criminal Procedure Enactment (Enakmen Tatacara Jenayah Syariah), often almost identical, but check your state's version for numbering and details. The text summarised here is the reprint as at 1 January 2006.

Investigation: information, arrest and search

Information (s 54): an oral report to a religious enforcement officer is written down, read back and signed by the informant.
Investigation (s 57): if a seizable offence is suspected, the officer reports to the Chief Syariah Prosecutor and investigates. He may decline where there is no sufficient ground. He may require witnesses to attend (s 58) and may search for documents or things needed for the investigation (s 63).
Seizable vs non-seizable (s 2): a seizable offence is punishable with 1 year's jail or more and allows arrest without warrant. A non-seizable offence (under 1 year, or fine only) normally needs a warrant.
Arrest without warrant (s 18): by a religious enforcement officer, police officer or Pegawai Masjid (mosque official), of a person reasonably suspected of a seizable offence, a person committing a breach of the peace in his presence, or a person subject to a warrant. A Pegawai Masjid must hand the person over to an enforcement officer or police without delay (s 20).
Restraint and searches (ss 14–15): no more restraint than necessary to prevent escape. A body search must be by a person of the same sex, with strict regard to decency. Seized items are listed and signed for.
Search warrants (ss 44–53): issued by a Syariah judge, normally to the Chief Religious Enforcement Officer and named officers, or to police. The occupant may be present, and a list of things seized is made and signed.

After arrest: the 24-hour rule, statements and bail

24 hours (s 22): an officer who arrests without warrant must bring the person before a Syariah Subordinate Court judge without unnecessary delay, and in any case within 24 hours excluding travel time. The court then hears the charge or adjourns; if adjourned, the person is released on bail or remanded by warrant.
Release (s 23): only on bond or bail, or by written order of a judge, the Chief Religious Enforcement Officer, or a police officer of Inspector rank or above.
Statements (ss 60–62): statements made to an enforcement officer during the investigation are generally not admissible as evidence. They may be used to challenge a witness's credibility or to prosecute a false statement. A confession is recorded by a judge other than the trial judge, before two witnesses (s 62). No inducement may be offered (s 61).
Bail (ss 185–199): a person arrested or detained without warrant who is ready to give bail shall be released on bail by the enforcement officer, a police station officer of Inspector rank or above, or the court (s 185). The amount must be enough to secure attendance but not excessive; the Syariah High Court can raise or lower it (s 186). A cash deposit may replace a bond (s 198).

For general advice on dealing with officers, see Your rights when arrested.

Prosecution and trial

Who prosecutes: the Chief Syariah Prosecutor and Syariah prosecutors (Act 505 s 58; Act 560 ss 181–183). Prosecutions under Act 559 ss 4, 8, 9, 12 and 13 (doctrine, Qur'an and Hadith, fatwa and publication offences) need the Chief Syariah Prosecutor's sanction (s 73). The prosecutor may discontinue at any stage before judgment; this is a discharge, not an acquittal, unless the court directs otherwise (s 103).
Charge (ss 78–95): the charge must state the offence with particulars of time, place and person. It can be amended; up to three offences of the same kind within 12 months may be charged together (s 89).
Trial (s 96): the charge is read and explained, and the accused pleads. A guilty plea is accepted only if the accused understands its nature and consequences. Otherwise the prosecution evidence is heard and the accused, or his Peguam Syarie, cross-examines through the judge. If no case is made out, the accused is acquitted; otherwise he is called to enter his defence.
Right to counsel (s 104): every accused may be defended by a Peguam Syarie.
Alibi (s 197): written notice to the prosecutor at least 10 days before trial.
No double jeopardy (s 134): a person convicted or acquitted cannot be tried again for the same offence.

Sentencing

Youthful offenders (s 128): a youthful offender is over 10 and under 16 (s 2). Instead of jail, the court may admonish and discharge, release the child to a parent or guardian on a bond for up to 12 months, or order good behaviour for up to 2 years. A neglectful parent may be fined up to RM200.
First offenders (s 129): the court may release an adult on a good-behaviour bond instead of sentencing at once, considering character, age, health and the trivial nature of the offence.
Whipping (s 125): carried out with a rod no more than 1.22 m long and 1.25 cm thick, after a medical check and in front of a government medical officer. The person executing it must be 'adil and mature and use average force without raising the hand above the head, so the skin is not cut. Strokes may not land on the face, head, stomach, chest or private parts. The offender stays clothed; men stand and women sit. A pregnant offender's whipping waits until two months after delivery or miscarriage. If the medical officer finds the offender unfit, for example because of old age (50 or above) or illness, the court decides how to proceed.
The court may also award compensation (s 99) and dispose of exhibits (ss 201–202).

Appeals and revision

From the Subordinate Court: lodge a notice of appeal within 14 days of the decision, then a petition of appeal within 10 days of receiving the grounds of decision (s 138). A prisoner may appeal through the prison officer.
After a guilty plea: appeal only on the extent or legality of the sentence (s 136).
Against an acquittal: only by, or with the written sanction of, the Chief Syariah Prosecutor (s 137).
From the High Court: to the Syariah Appeal Court, on fact or law, by notice within 14 days (ss 152–153).
An appeal does not automatically stay the sentence; the court may grant a stay (ss 141, 160).
Revision (ss 168–172): the High Court may call for and correct the records of a lower court.

Sharia basis (for information)

Verifying reports: Qur'an 49:6 tells believers that when a person of doubtful integrity brings news, they must verify it, lest they harm people in ignorance. This is often cited for careful investigation before action.
Privacy of homes: Qur'an 24:27 forbids entering houses other than one's own without first seeking permission and greeting the household. This is part of the background to strict search rules.
Justice: Qur'an 4:58 commands that judgment between people be made with justice.

For information only; not a fatwa.

Laws cited on this page

Act 303	Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984	Official text
Act 505	Administration of Islamic Law (Federal Territories) Act 1993 · Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993	Official text
Act 559	Syariah Criminal Offences (Federal Territories) Act 1997 · Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 560	Syariah Criminal Procedure (Federal Territories) Act 1997 · Akta Prosedur Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 593	Criminal Procedure Code · Kanun Tatacara Jenayah	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 2	Definitions: seizable offence (1 year+), youthful offender (over 10, under 16).
s 14	No unnecessary restraint; searches by a person of the same sex.
s 18	Arrest without warrant by religious enforcement officers, police or Pegawai Masjid.
s 22	Bring the arrested person before a Syariah Subordinate Court within 24 hours.
s 44	Search warrants issued by a Syariah judge.
s 57	Investigation of seizable offences and report to the Chief Syariah Prosecutor.
s 60	Statements to enforcement officers generally not admissible.
s 73	Chief Syariah Prosecutor's sanction needed for Act 559 ss 4, 8, 9, 12, 13.
s 96	Trial procedure: plea, prosecution case, cross-examination, defence.
s 104	Right to be defended by a Peguam Syarie.
s 125	How a Syariah whipping sentence is carried out.
s 128–129	Youthful and first offenders: admonition, bonds, probation.
s 136–138	Appeals from the Subordinate Court; limits after a guilty plea or acquittal.
s 152–153	Appeals to the Syariah Appeal Court within 14 days.
s 185–186	Bail: release on bail; amount not excessive.

Worked examples

Example 1: Arrested on a Friday night

Facts. Zainal is arrested by religious enforcement officers in Kuala Lumpur at 11 p.m. on Friday for an offence punishable with up to 2 years' jail.

The law. It is a seizable offence (s 2), so arrest without warrant is allowed (s 18). He must be brought before a Syariah Subordinate Court judge within 24 hours, excluding travel time (s 22), unless released on bail earlier (ss 23, 185).

Outcome. Zainal or his family should ask about bail at once. If he is held longer than 24 hours without being brought to court, his Peguam Syarie can raise it.

Example 2: Searched by a male officer

Facts. During a raid, a male officer tries to search Nurul's handbag and pockets.

The law. s 14(2): a search of a person must be made by someone of the same sex, with strict regard to decency.

Outcome. Nurul may politely insist on a female officer. Any complaint can be made to the department and raised by her lawyer in court.

Example 3: Pleading guilty, then regretting the fine

Facts. Kamal pleads guilty to a khalwat charge and is fined RM2,500. He later wants to argue he was innocent.

The law. After a guilty plea, appeal lies only against the extent or legality of the sentence (ss 136, 152(2)). Before accepting a plea, the court must be sure he understood it (s 96(b)).

Outcome. He can appeal the sentence within 14 days but generally not the conviction. He should take advice before pleading.

Example 4: 15-year-old offender

Facts. Aiman, 15, is convicted of a minor Syariah offence.

The law. He is a youthful offender (over 10, under 16; s 2). Under s 128 the court should, instead of jail, admonish and discharge him, bind him over to his parent, or order good behaviour; a negligent parent may be fined up to RM200.

Outcome. A custodial sentence is very unlikely; his parents should attend court.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Can religious officers arrest me without a warrant?

Yes, for seizable offences, those punishable with 1 year's jail or more, or where there is reasonable suspicion or credible information (s 18). Police officers and Pegawai Masjid have the same power. For lesser offences a warrant is usually needed.

How long can I be held?

No longer than reasonable, and never more than 24 hours (excluding travel time) before being brought before a Syariah Subordinate Court judge (s 22). The court then decides on bail or remand.

Do I have to answer questions?

Officers may require witnesses to attend and be examined (ss 58–59). What you tell an enforcement officer generally cannot be used as evidence at trial (s 60), but a false statement can itself be prosecuted. Get advice from a Peguam Syarie early.

Is bail available?

Yes. A person arrested without warrant who is prepared to give bail shall be released on bail (s 185). The amount must not be excessive, and the Syariah High Court can change it (s 186).

How long do I have to appeal?

14 days from the decision for a notice of appeal, from the Subordinate Court (s 138) or the High Court (s 153). If you pleaded guilty, you can appeal only against the sentence.

Is the Act the same in every state?

No. It applies in the Federal Territories. States have their own Syariah Criminal Procedure Enactments with similar rules; check your state's version.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559)Syariah Court Evidence (Federal Territories) Act 1997 (Act 561)Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)Your rights when arrested Criminal Procedure Code Syariah courts Appeals