Section 143
Power to make rules. [S 62/2010]
(1)
The Chief Syar’ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules to regulate the practice and procedure in all proceedings under this Act as he thinks expedient and rules to prescribe and regulate the fees and costs payable in all such proceedings;
subject thereto, all proceedings under this Act shall be regulated by the practice and procedure of the Court as prescribed by Perintah Acara Mal
Mahkamah-Mahkamah Syariah, 2005 (S 26/2005) to the extent that such practice and procedure are not inconsistent with this Act.
(2)
In relation to matters of practice and procedure in proceedings not expressly provided for in this Act or in any rules made under this Act or under Perintah Acara Mal Mahkamah-Mahkamah Syariah, 2005
(S 26/2005), the Court may adopt such practice and procedures as it thinks proper for the avoidance of injustice and disposal of the matters in issue between the parties.
(3)
The Chief Syar’ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules for the purpose of this Act and without prejudice to the generality of the foregoing, such rules may provided for —
(a)
the manner in which the Registrars of Muslim Marriages,
Divorces, Annulments or Ruju’ shall exercise the powers conferred to them by this Act;
(b)
the forms of the Marriage Register, Register of Divorces,
Annulments or Ruju’ and the certificates of marriage, divorce, annulment and ruju’ and the manner in which they are to be kept;
(c)
the supply and safe custody of the Marriage Register,
Register of Divorces, Annulments or Ruju’, the Registrar’s notebooks and all declarations made for the purposes of this Act;
(d)
the preparation and submission of returns of marriage, divorce, annulment or ruju’ registered under this Act;
Islamic Family Law 88
(e)
the forms of any document required to be prescribed, which may be in the Malay language, for the purpose of implementing this
Act;
(f)
the making of searches and the giving of certified copies;
(g)
the fees chargeable for the purposes of this Act;
(h)
the punishment for any breach or failure to comply with any rules made under this Act; and
(i)
other matters for the purpose of implementing this Act.
Hukum Syara’ shall apply where there is no provision.