Abstract:
Rule 44 of the Muslim Marriage and Divorce Rules (2001 Rev Ed) grants the Syariah Court and the Syariah Appeal Board seemingly unfettered discretion to adopt civil practices and procedures. Through analysis of key decisions including BC v BD (2011) 6 SSAR 96, Kenyo Timur Ery Respati v Mohamed Jamalludin bin Mohamed Shariff (2006) 4 SSAR 115 and GM v GN (2023) 9 SSAR 636, the article explores how careful innovation and clarity and consistency through precedent can be achieved when r 44 is applied as a principled tool to improve access to justice within an overarching legislative framework. The article concludes with recommendations for the continued relevance and application of r 44 demonstrating its value for developing Muslim family law practice and jurisprudence.