HomeNewsPress Statements Press Release: Reduction of deposit payable for Syariah appeal cases in Terengganu
Press Release: Reduction of deposit payable for Syariah appeal cases in Terengganu
Thursday, 06 October 2011 09:25am
The Syariah Legal System, which was established by the Federal Constitution, was set up to deal with Syariah-related legal matters including, but not limited to, Islamic family law and Islamic law of inheritance. Matters that come within the jurisdiction of the Syariah Court may not be heard in the Civil Court and vice versa.
In view of this, the Bar Council Syariah Law Committee was concerned with the shocking increase that was imposed to the amount of security payable as deposit/security when filing an appeal or revision. We fear that it may be a deterrent for parties to appeal if they are not satisfied with the court’s decision. Parties are thus inevitably denied the choice to exhaust their right to appeal. This would give rise to a number of problems that may not be immediately obvious to the authorities involved and create gross injustice to the public.
We therefore welcome the move by Jabatan Kehakiman Syariah Terengganu in reducing the deposit/security from RM5,000 to RM200 in respect of appeals and revisions from the Syariah High Court to the Syariah Court of Appeal, and from RM1,000 to RM100 in respect of appeals and revisions from the Syariah Subordinate Courts to the Syariah High Court.
We urge that in the future, comprehensive studies and consultation with relevant stakeholders are undertaken before such increases are imposed. It is everyone’s duty to ensure that the rakyat is not unduly burdened and denied access to justice.
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