Section 45. Appointment of Judges of the Syariah High Court (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

ENACTMENT NO. 7 OF 1993
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

PART III - MUFTI AND SYARIAH COMMITTEE

Section 45. Appointment of Judges of the Syariah High Court

(1) The Yang di-Pertuan Agong may, on the advice of the Majlis, appoint Judges of the Syariah High Court.

(2) A person is qualified for appointment under subsection (1) if-

(a) he is a citizen; and

(b) he-

(i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah Subordinate Court or a Kathi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or

(ii) he is a person learned in Islamic Law.

(3) The persons who, immediately before the commencement of this section, were holding the appointment of Kathi under subsection (1) of section 38 of the Administration of Muslim Law Enactment 1959 and were performing judicial functions shall, on the commencement of this section, continue to hold office as Judges of the Syariah High Court as if they had been appointed under subsection (1).

(4) All appointment under this section shall be published in the Gazette.