ENACTMENT NO. 2 OF 2000 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1991 (AMENDMENT) 1996
Section 4. [No title]
The Enactment is amended by adding the following sections immediately after section 6 -
Appointment of Judges of the Syariah Appeal Court.
"6A. (1) The Ruler shall upon the advice of the Majlis appoint not more than seven (7) persons from the members of Majlis with each appointment for a period of not more than three (3) years to constitute a standing panel of judges and the Chief Syarie Judge shall select two (2) from amongst them to form the quorum of judges in the Syariah Appeal Court in respect of every hearing.
(2) The names of the seven members shall be published in the Gazette."
(3) The words Jawatankuasa Ulang Bicara" wherever appearing in the Enactment (1991) be replaced with the words "Syariah Appeal Court".
Appointment of Judges of the Syariah High Court.
"6B. (1) The Ruler shall upon the advice of the Majlis appoint the Syariah High Court Judges.
(2) The Majlis shall prior to the advice on the appointment of the said Judges other than the Chief Syarie Judge refer the same to the Chief Syarie Judge.
(3) A person shall be deemed to be fit for appointment under sub-section (1) if:
(a) he is a citizen of Malaysia; and
(b) he has for a period of not less than ten (10) years preceding his appointment been a Judge of a Syariah Subordinate Court of a Kadi or a Registrar or a Pendakwa Syarie of any State or sometimes one and sometimes another of the offices and is learned in Hukum Syarak.
(4) Any person who prior to the commencement of this section holds the office of Kadi under subsection (1) of section 6 of the Enactment and carries out the judicial functions thereof, shall upon the commencement of this section hold the office of the Syariah High Court Judge as if he was duly appointed under sub-section (1).
(5) All appointments under this section shall be published in the Gazette."
(6) The word "Kadi" wherever appearing in the Enactment (1991) be replaced with the words "Syariah High Court Judge".
"6C. (1) Subject to the provisions to the subsection (2), (3), (4) and (5), a Syarie Judge shall hold office until he attains the age of sixty (60) years or of such later time, not being later than six (6) months after he attains that age, as the Ruler may approve.
(2) A Syarie Judge may, at any time, resign from his office by writing under his hand addressed to the Ruler but shall not be removed from his said post except in accordance with the provisions as contained in the following section.
(3) Where the Chief Syarie Judge makes representations to the Ruler for the removal of the Syarie Judge on the following grounds :
(a) misbehaviour; or
(b) inability, from infirmity of body or mind or any other course, to properly discharge the functions of his office;
The Ruler shall appoint a tribunal in accordance with sub-section (4) and refer such representations to the tribunal;
and upon the recommendations of the tribunal the Ruler may remove the Syarie Judge from his office.
(4) The said tribunal shall consits of not less than five (5) persons professing the Islamic religion and who hold or have held the office of Syarie Judge or as Judge of the High Court Malaysia, and shall be presided over by the member first in the following order, namely, the Chief Syarie Judge, Syarie Appeal Court Judge, according to their presedence among themselves and other members according to their date of appointment to their office qualifying them for membership to the tribunal.
(5) Pending any reference and report under subsection (3) the Ruler may on the advice of the Chief Syarie Judge suspend a Syarie Judge from execising his functions.
(6) Subject to the provisions of this section the Ruler may make regulations providing for the terms of office of the Syarie Judge and the resignation and removal from office.
(7) Notwithstanding the provisions of subsection (1), the validity of anything done by a Syarie Judge shall not be questioned for reason that the Syarie Judge had attained the age at which he was required to retire.
(8) This section shall apply to the Chief Syarie Judge and the Syariah High Court Judges.
Appointment of Judges of Syariah Subordinate Courts.
"6D. (1) The Ruler shall upon the advice of the Majlis appoint the Syariah Subordinate Court Judges.
(2) No person shall be appointed as a Syariah Subordinate Court Judge unless he is a member of the Public Service.
(3) All appointments under sub-section (1) shall be published in the Gazette.
Appointment of Registrars and Syariah Prosecutors.
"6E. (1) The Ruler upon the advice of the Majlis shall appoint:
(a) a Chief Registrar of the Syariah Appeal Court, Registrar of the Syariah High Court and several Assistant Registrars of the Syariah Subordinate Courts;
(b) a Pendakwa Syarie and several Deputy Pendakwa Syarie.
(2) No person shall be appointed under subsection (11) unless he is a member of the Syariah Judicial and Legal Service or a member of the Public Service.
(3) All appointments under sub-section (1) shall be for a fixed period and the same be published in the Gazette.
(4) The Ruler upon the advice of the Majlis may from time to time confer, alter, decrease or withdraw any letters of appointment made pursuant to the appointments under sub-section (1) and (2)".