Section 44
Judicial Committee
of Religious Council and Kadis Courts Act
(1)
There shall be a Judicial Committee of the Majlis, consisting of the Mufti, two other regular members and any number of additional members.
(2)
The members of the Judicial Committee, other than the Mufti, shall be appointed by His Majesty the Sultan and Yang Di-Pertuan and such appointment shall specify whether they are regular or additional members.
His Majesty the Sultan and Yang Di-Pertuan may at any time revoke any such appointment. Notice of every such appointment shall be published in the Gazette. No Kadi shall be a member of the Judicial Committee.
(3)
The Mufti shall be Chairman of the Judicial Committee: In his absence, His Majesty the Sultan and Yang Di-Pertuan may appoint a
Chairman.
(4)
The Judicial Committee shall in all cases act by its Chairman and two other members, who shall be the two regular members if they are available to act, or, in the absence of one or both of the regular members, such one or two, as the case may be, of the additional members as the
Chairman may designate for the purpose.
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(5)
Subject to any written law, the Judicial Committee shall have power to regulate its own procedure and practice.
(6)
The members of the Judicial Committee are deemed to be public servants as defined by the Penal Code (Chapter 22).
(7)
If in any Court other than the Religious Court any question of
Muslim law or doctrine falls for decision, and such Court requests the opinion of the Majlis on such question, the question shall be referred to the
Judicial Committee which shall for and on behalf and in the name of the
Majlis, give its opinion thereon in accordance with the opinion of the majority of its members, and certify such opinion to the requesting Courts.
(8)
The Judicial Committee shall perform such further duties and shall have such further rights and powers as may be imposed or conferred on it by any written law.
(9)
The provisions of section 43(1) and (2) apply, with such modifications as may be necessary, to all proceedings of the Judicial
Committee:
Provided that no reference shall be made to His Majesty the Sultan and
Yang Di-Pertuan as to the principles of law to be applied, but the Judicial
Committee shall determine any such question in its own discretion.