REVISION

AND APPEAL
(QUESTION
5(a))
NUR AMEERAH BT
ALLAUDEEN
 Tuan Yusuf, judge of the Syariah Subordinate Court,
had confirmed the pronouncement of talaq made by
Mr Z to his wife, Mrs S, is the course of their heated
arguments where Mrs S accused Mr Z of having an
affair with his former grilfriend, Miss N. In the trial,
QUESTION Tuan Yusuf only asked Mr Z to give his evidence
without requiring any other witness to testify.
Decide on the course of action Tuan Yusuf should

take once he realizes that he has made a mistake in

deciding the matter.
 ANSWER
 The course of action that should be taken by Tuan Yusuf is to apply for revision of the case to the Syariah
High Court.

 Section 51. Supervisory and revisionary jurisdiction of the Syariah High Court.

(1) The Syariah High Court shall have supervisory and revisionary jurisdiction over all Syariah Subordinate
Courts and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of
any party or person interested, at any stage in any matter or proceedings, whether civil or criminal, in any
Syariah Subordinate Court, call for and examine any records thereof and may give such directions as justice
may require.

(2) Whenever the Syariah High Court calls for the records under subsection (1) , all proceedings in the
Syariah Subordinate Court on the matter or proceedings in question shall be stayed pending further order of
the Syariah High Court
WHO MAY APPEAL
 Procedure
 Practice Direction no 13/2003:
1. Application for revision by the trial judge can be done through letter address to
the Registrar according to the hierarchy of the court. The letter must contain:
Other information relating to the decision that is to be revised such as the date of
the decision, the type of decision, the hierarchy of the court giving the decision,
reason for application for revision.
2. The court which exercise the power of revision can call any examine any record or the
proceeding and give any direction in order to ensure the accurateness, suitability of the
order given
3. If the court which exercise the power of revision satisfied that there was no error in the
decision, he should write the letter informing its finding to the trial court and return the
file.
4. However, if it is found out there was a reasonable ground to revise the decision, he can
fix the date for that purpose. When the record is called, all proceeding in the trial court
should be stayed
5. No parties have any right to be heard before the court but the court can, if
necessary, allow the presence of the parties/ syarie lawyer to give evidence or
revision
6. The court should inform the finding of the revision to the court which record or
give the order.
 If after revision, the decision of the case is changed, the reason for the change made
must be informed. The court that made the application for revision must follow the
decision of the revision.
 Cases:

Halijah Abd Rahman V Zambree Baharom (2008)

 A and R married on 16th February 1989, have 1 daughter.

 Confirmed with 1 talaq on 7th August 2002, and has been ruju’ on 13th August 2002.
 On 12th Jan 2008 the R sent a message (SMS) to the A, “Kalau awak keluar jumpa jantan jatuh talaq
tiga” (if you meet another guy, 3 talaq falls on you”. The A had breached the takliq on 13 th Jan 2008.
 Application for revision of the judgment made by the Shariah Subordinate Court Port Dickson.
 SC:confirmed first ruju’ on 13th August 2002, second talaq on 25th March 2005, ruju’ o 22nd May
2005, third talaq by way of takliq on 13th January 2008.
 Revision was made to the HC.
 HC: the decision in the SC was erred and inconsistent with the statement of witnesses and
facts of the case.
 The R has no intention to divorce the wife, the SMS sent by the R to the A with no
intention to divorce the wife. If the R takes oath swearing that he has intention to divorce
the wife, the wife shall take an oath to affirm that she has breached the takliq.
 Set aside the judgment in the SC. Order retrial.
 Zakaria @ Supar bin Ali v Haznah @ Maznah bt Embong [2011] 2 SHLR

 The Shariah Subordinate Court confirmed that a triple divorce (bain kubra) had been
affected which was uttered outside the court and without the permission of the court
 The triple talaq by the applicant was uttered to the respondent, his wife when the applicant
was fuming, irritated and lost self control.
 In arriving at the said decision, the court had also referred to the medical report prepared by
the Medical Officer .The report contained, inter alia, that the applicant had received
psychiatric treatment from the clinic.
 However, the Shariah Subordinate Court decided that the Appellant in pronouncing the
triple talaq
 The applicant was confirmed suffering from organic personality change with depressive
illness. Since his involvement in an accident, the applicant often suffered from epilepsy.
Further, he could be annoyed very fast, was very sensitive, often lost self control,
impulsive, and often in a state of confusion especially when depressed
 However in confirming the triple talaq, the Shariah Subordinate Court had failed to call the
medical officer who was responsible in the preparation of the applicant's medical report.
 This means the Subordinate Court did not comply the conditions of the first pillar of the
talaq set by Syariah namely, the person who pronounces it.
 In this revision, the issue was whether the applicant was a mukallaf according to hukum
Syarak, at the time he uttered divorce
 The High Court of Terengganu held, order affecting divorce annulled. on the respondent