ENACTMENT NO. 6 OF 2004 SYARIAH COURTS ENACTMENT 2004
PART III - PROSECUTION AND REPRESENTATION
Section 32. Syar'ie Lawyer.
(1) Subject to subsections (2) and (3), the State Chief Syar'ie Judge may, on payment of a prescribed fee, admit any person having sufficient knowledge of Islamic Law and Enactments in force in the State relating to Islamic affair, to be Syar'ie Lawyer to represent parties in any proceeding before a Syariah Court.
(2) The State Chief Syar'ie Judge may make regulations to –
(a) provide for the procedure, qualification and fees for the admission of Syar'ie Lawyer; and
(b) regulate, control and supervise the conduct of Syar'ie Lawyer.
(3) Notwithstanding subsection (1) -
(a) any member-of the Judicial and Legal Service; or
(b) any person appointed under the Legal Aid Act 1971 [Act 26].
may act as Syar'ie Lawyer representing any party to any proceeding in a Syariah Court if the party could have been represented by him in the Civil Court by virtue of the Legal Profession Act 1976 [Act 166] or the Sabah Advocates Ordinance [Cap. 2] or the Sarawak Advocates Ordinance [Cap.110] without such member or person having admitted as an advocate or solicitor under that Act or Ordinance.
(4) Notwithstanding subsections (1) and (2), any person who has been admitted as Syar'ie Lawyer under any written law in force in any state in Malaysia may, on payment of a prescribed fee, shall be admitted as a Syar'ie Lawyer for the State of Sabah on application being made by him and approved by the State Chief Syar'ie Judge accompanied by evidence of his admission as a Syar'ie Lawyer in that other State.
(5) A person who, immediately before the commencement of this Enactment, was admitted as a Syar'ie Lawyer under the Repealed Enactment shall, subject to this Enactment and any rules relating to Syar'ie Lawyer made under this Enactment, be deemed to have been admitted to be a Syar'ie Lawyer and shall be entitled to appear in any Syariah Court on behalf of any party to any proceedings before the Syariah Court.
(6) Notwithstanding anything contained in any other written law, no person, other than a Syar'ie Lawyer or a person mentioned in subsection (3), shall be entitled to appear in any Syariah Court on behalf of any party to any proceedings before it.