Section 23
Majority decision
An appeal shall be determined in accordance with the decision of the majority of the members of the Syariah Appeal Court.
Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Syar’ie Judge 24.
(1)
If, in the course of any proceeding in an appeal or at any time before the pronouncement of judgment, any Syariah Appeal Court Judge who hears the case is unable, due to sickness or any other reason, to attend and conclude the proceedings or otherwise carry out his function as a Judge of the Court, then, if both parties agree, the hearing shall be proceeded with and judgment or reserved judgment, as the case may be, shall be given by the remaining two Syar’ie Judges available, and for the purpose of the appeal, the Court is deemed to have been duly constituted.
(2)
In any such case as mentioned in subsection (1), if there is no unanimous decision, the appeal shall be re-heard.
(3)
If under subsection (1), both parties do not give their consent, or more than one Syar’ie Judge is unable, due to sickness or any other reason, to attend and carry out their function as Judges of the Court, the appeal shall be re-heard.