ENACTMENT NO. 6 OF 2004 SYARIAH COURTS ENACTMENT 2004
PART II - SYARIAH COURTS Constitution and jurisdiction.
Section 8. Tenure of Office of Syariah Court Judges.
(1) Subject to the provisions of subsection (2) to (6), a State Chief Syar'ie Judge appointed under subsection 5(1), a Syar'ie Appeal Judge appointed under subsection 6(1), and a Syar'ie High Court Judge appointed under subsection 7(1) shall hold office until the age of sixty-five years or until such later time as may be approved by the Yang di-Pertua Negeri.
(2) A State Chief Syar'ie Judge or a Syar'ie Appeal Judge or a Syar'ie High Court Judge may, at any time, resign from his office by sending to the Yang di-Pertua Negeri a letter of resignation under his hand but he may not be removed from office except in accordance with the following provisions under this section.
(3) Where the State Chief Syar'ie Judge refers a representation to the Yang di-Pertua Negeri that a Syar'ie Judge should be removed on grounds of –
(a) any breach to any of the Syar'ie Judge code of ethic which is prescribed under this Enactment or rules; or
(b) disability, due to mental or bodily weakness or other cause, to properly perform the function of his duty,
the Yang di-Pertua Negeri shall appoint a tribunal in accordance with subsection (4) and refer the representation to it, and may, on the recommendation of the said tribunal, remove the Syar'ie Judge from his office.
(4) There shall be a tribunal consist of not less than five Muslims who are or have been a State Chief Syar'ie Judge or Syar'ie Judge or The Judge of Federal Court, Appeal Court Judge or High Court Judge of Malaysia, and the tribunal shall be presided by a member in accordance with the following order; State Chief Syar'ie Judge, Judge of the Syariah Appeal Court according to their own order of appointment, and other members according to their dates of appointment as a member of the tribunal.
(5) Pending any references and report under subsection (3), the Yang di-Pertua Negeri may, on the recommendation of the State Chief Syar'ie Judge, suspend the said Syar'ie Judge from performing his duties.
(6) Subject to the provision of this section, the Yang di-Pertua Negeri may make regulations providing for conditions of service, resignation, suspension and removal from the office of State Chief Syar'ie Judge.
(7) Notwithstanding the provisions of subsection (1), the validity of any thing done by a State Chief Syar'ie Judge or Syar'ie Judge shall not be questioned on ground that the Syar'ie Judge has reached a retiring age limit.