Syarie Lawyer State Sabah Rules 2021

These Rules come into operation on the date of its publication in the Gazette.

[26.08.2021]

Interpretation

A person shall be deemed to have Sabah connections for the purposes of these Rules if, and only if, he is a Malaysian citizen or permanent resident who –

a Syariah High Court Judge determined by the State Chief Syar’ie

Judge, as the Chairman;

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the Sabah State Attorney General or his representative;

the Chief Syar’ie Prosecutor;

a Syar’ie Lawyer;

a person who is knowledgeable in Hukum Syarak.

The Chief Registrar shall be the Secretary to the Committee.

The Committee members mentioned in subrule (1) shall be a Muslim.

The Committee members appointed under subrule (1)(d) and (e) shall be appointed by the State Chief Syar’ie Judge and shall hold office for a period of three years and are eligible for reappointment.

Members of the Committee and the Secretary of the Committee may be paid such allowance for every meeting.

Termination of appointment and resignation

The Committee member may resign at any time by serving a notice to the

Chairman of the Committee.

Meeting of the Committee

Three members present shall form a quorum at any meeting of the Committee.

Decisions of the meeting of the Committee shall be made by Syura.

Subject to these Rules and any directions of the State Chief Syar’ie

Judge, the Committee may regulate its own procedure.

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Functions of the Committee

to conduct such interview and/or examination for any person who is qualified under rule 8 and completed his pupillage under rule 10 to be admitted as a Syar’ie Lawyer as the Committee may deem fit and to provide for all other matters which are necessary or incidental to the interview or examination, including:

to control disciplinary of Syar’ie Lawyer;

issuing Syar’ie Annual Legal Practising Certificate;

to revoke or suspend the Syar’ie Annual Legal Practising Certificate of a Syar’ie

Lawyer;

to regulate the registration of Syar’ie Law Firms; and

to carry out other functions as directed by the State Chief Syar’ie Judge from time to time.

is a Muslim;

a Malaysian citizen;

has reached the age of twenty-one years;

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is of good character supported with a declaration by two referees

has not been convicted of any offences by any Syariah Court or

Civil Court in Malaysia or outside Malaysia;

has not been adjudicated bankrupt;

is not disbarred, disqualified or suspended in his capacity as an Advocate and Solicitor;

has passed examination and/or the interview or both as required by the Committee; and

a person who has Sabah connections.

Academic qualifications

a Bachelor of Law and a Bachelor of Syariah Degree from the

Islamic International University or equivalent to it; or

a Bachelor of Syariah Degree which is recognized by the

Government of Malaysia from any local or international higher educational institution or other qualification equivalent to it and subject to subrule (2); or

a Bachelor of law from any university or any higher educational institution recognized by the Government of Malaysia and admitted as an advocate and solicitor registered under the Advocates

Ordinance [Sabah Cap.2] subject to subrule (2).

A person who is eligible under subrule (1) (b) and (c) shall hold either one of the

Certificate as follows–

Notwithstanding subrule (1), the Committee may, in its discretion, exempt a person from the whole or part of any period of pupillage, upon application made to the Committee supported by satisfactory evidence that there are special circumstances justifying the exemption.

Training in chambers shall be supervised by a Syar’ie Lawyer who is and has been in active practice in the state of Sabah for a total period of not less than five years immediately preceding the date of commencement of his training.

Examination or interview

The Committee shall call the pupil for an interview and/or sit for the examination or both at the stipulated date and the place designated by the

Committee.

The Committee may object the pupil who is absent from the interview or does not sit for the examination or both on the stipulated date and at such place as the Committee may determine without any reasonable reason.

The Committee may change the date or place of the interview or examination at the request of the pupil with reasonable reason given by him.

Upon passing of an interview or the examination, the Committee shall issue a Certificate of completion.

Application

proof of his eligibility, academic qualifications, completion of pupillage and completion of examination or interview under Rule 8, 9, 10 and 11; and

two recent testimonials as to his good character.

Copy of the application and of the documents in support thereof shall be delivered to the State Attorney-General and the Committee.

The fee for every application is fifty ringgit.

Admission as Syar’ie Lawyer

If the State Chief Syar’ie Judge is satisfied that–

The Register of Syar’ie Lawyer shall contain all the following particulars-–

The Committee shall issue the Syar’ie Annual Legal Practising Certificate approved by the State Chief Syar’ie Judge in accordance with Form A of the First

Schedule upon payment of a fee of one hundred ringgit.

The Syar’ie Annual Legal Practising Certificate issued under subrule (2)

shall be valid for a period of twelve months from the date it is issued and may be renewed upon payment of a prescribed fee.

Any Syar’ie Annual Legal Practicing Certificate issued upon the enrolment as a

Syar’ie Lawyer shall expire at the end of the year it is issued.

Notice

Every such application shall be made in writing and submit to the Court together with the Affidavit of Support and a copy of it to be submitted to the Committee.

Application to be re-admitted as Syar’ie Lawyer

Application under subrule (1) shall be filed by notice of application and supported by an Affidavit.

Copy of the application shall be served to the Committee within fourteen days before the hearing of such application.

The Committee shall, upon receiving a copy of the application, prepare a report which includes a copy of the record of any proceedings which cause the name of the applicant being removed from the Register of Syar’ie Lawyer.

The State Chief Syar’ie Judge may, if it considers just and reasonable, upon payment of five hundred ringgit, order the Chief Registrar to readmit the applicant’s name in the Register of Syar’ie Lawyer.

Any person aggrieved by the decision made by the Syariah High Court may appeal to the Syariah Appeal Court.

Renewal of Syar’ie Annual Legal Practising Certificate

The application shall be made using the form as prescribed in Form B of the

Second Schedule.

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The Syar’ie Annual Legal Practising Certificate may be renewed if the

Committee is satisfied that the applicant has submitted the audit report and has paid a fee of one hundred ringgit for the certificate renewal.

Syar’ie Lawyer who fails to renew his Syar’ie Annual Legal Practising

Certificate until the end of twelve months shall not be allowed to renew his certificate and his name shall be deemed to have been removed by the

Committee from the list Register of Syar’ie Lawyer; and if he wishes to be re-appointed as a Syar’ie Lawyer, he shall apply pursuant to rule 19.

Amongst the reasons for commencing disciplinary action against any Syar’ie

Lawyer are as follows-

Every enquiry held by the Committee shall be carried out in such manner and to such extents as it thinks just and reasonable pursuant to his absolute discretion provided before it decides that an enquiry should be held, it shall-

If the Syar’ie Lawyer concerned fails to present any reasonable written explanation or fails to present any explanation upon the expiry period of fourteen days, the Committee may proceed the enquiry on the complaint.

When the enquiry has been completed, the Committee shall furnish a report and its opinion and shall also make an affirmation as to whether the Syar’ie

Lawyer concerned is guilty or not of the matter complained of.

If the Committee makes an affirmation that the Syar’ie Lawyer concerned is guilty of the matter complained of, the Committee shall also make an affirmation as to the appropriate sentence that should be imposed against the

Syar’ie Lawyer concerned.

Subject to these Rules, the Committee has power to regulate its own procedure with respect to the carrying out of its enquiry on any complaint.

Power of Committee to issue order

instruct that the name of the Syar’ie Lawyer concerned be struck off the

Register of Syar’ie Lawyer;

suspend the Syar’ie Lawyer concerned from practice for such period considers just and reasonable;

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issue the Syar’ie Lawyer concerned a warning letter; or

make such other decision that is considered to be just and reasonable.

Appeal from the final order or decision of the Committee

the Syar’ie Lawyer is suggested by the local Syar’ie Lawyer; and

taking into considerations on all relevant circumstances, as the State Chief

Syar’ie Judge thinks it is in the interests of justice.

An application under subrule (1) by a Syar’ie Lawyer shall be supported by his own affidavit or affidavit of Syar’ie Lawyer who is directing him stating that-

The application shall be served on the State Attorney General and to the

Committee.

Before granting permission to any Syar’ie Lawyer to practise under this rule, the State Chief Syar’ie Judge shall have regard to the view of the State

Attorney General and the Committee.

The Chief Registrar shall, on payment of fee of one thousand ringgit, issue to each Syar’ie Lawyer who is authorised to practise under this rule, a practising certificate in accordance with Form C of the Third Schedule stating therein or in which case the Syar’ie Lawyer is allowed to attend.

The Chief Registrar shall keep a separate register of names of Syar’ie

Lawyers who are allowed to practice under this rule.

Restriction

No person shall practice as a Syar’ie Lawyer or perform any act as a Syar’ie

Lawyer, provided that a suspension order thereon under subrule 24(2) is still in force.

Penalty

A Syar’ie Lawyer under subrule (1) shall, within a period of 12 months after this Rule comes into operation, produce to the State Chief Syar’ie Judge proof of his compliance towards the conditions set out in the Fourth Schedule prior to issuance of the Syar’ie Annual Practising Certificate under rule 16(2).

Subject to subrule 2(2), a person who has resigned his office or has opted for retirement or has retired on compulsory basis and has previously served for a term of not less than 3 years as Syar’ie Judge throughout Malaysia may practice as a Syar’ie Lawyer.

In carrying out the provisions of subrule (1), (2) and (3), the State Chief Syar’ie

Judge may set his own procedures.

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FIRST SCHEDULE

FORM A

(Rule 16)

SYAR’IE ANNUAL LEGAL PRACTISING CERTIFICATE

I do hereby certify that……………………………………………………………….

Identity card No… ............. is permitted to practice as a Syar’ie Lawyer in a Syariah

Court throughout the State of Sabah with effect from …….day of……20….. until …….

day of………..20…….

Date of issuance:

Masihi:…….........

Hijrah:…………..

…....….....................................

State Chief Syar’ie Judge

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SECOND SCHEDULE

FORM B

(Rule 20)

APPLICATION FOR

RENEWAL OF SYAR’IE ANNUAL LEGAL PRACTISING CERTIFICATE

To,

The Chairman

Syar’ie Lawyer Committee

State of Sabah

I have the honour to apply for renewal of the Syar’ie Annual Legal Practising Certificate for a period of twelve months commencing from…........day of…...........20...........

until …………….day of……….20…. and my personal particulars are as follows:

(To be filled by the Applicant in CAPITAL LETTERS).

............................ (Office)

............................ (Handphone)