s 43 Powers of Court
43.—(1) The Court has the following powers:(a) to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Court may think it necessary or desirable to procure or examine; (b) to require the evidence, whether written or oral, of any witness to be made on oath or affirmation or by statutory declaration; (c) to summon any person to attend before the Court or to give evidence or produce any document or other thing in his or her possession and to examine him or her as a witness or require him or her to produce any document or other thing in his or her possession; (d) to issue a warrant of arrest to compel the attendance of any person who, after being summoned to attend, fails to do so and who does not excuse such failure to the satisfaction of the Court and to order him or her to pay all costs which may have been occasioned in compelling his or her attendance or by reason of his or her refusal to obey the summons; (e) to exercise the powers of a Magistrate’s Court for the purpose of giving effect to a warrant of arrest or an order of imprisonment.[Act 4 of 2024 wef 03/03/2025] (2) Without limiting subsection (1) and subject to subsection (3), the Court may, on its own motion, in the course of any proceedings, make an order on any issue arising in a cause or matter, including an order of a substantive nature, which the Court has the power to make on the application of any person.[Act 4 of 2024 wef 03/03/2025] (3) The Court must not make an order of a substantive nature on the basis of subsection (2) unless —(a) every person likely to be affected by the order has been given an opportunity to be heard concerning the order; and (b) the Court is satisfied that it is in the interests of justice to make the order.[Act 4 of 2024 wef 03/03/2025] (4) In subsection (2), “proceedings” means any proceedings —(a) over which the Court has jurisdiction under section 35; and (b) that are commenced on or after the date of commencement of section 10 of the Administration of Muslim Law (Amendment) Act 2024.[15/2010; 33/2017] [Act 4 of 2024 wef 03/03/2025]