Section 46. Appointment of Syariah High Court Judges. (ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 7 OF 2002
ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

PART IV - SYARIAH COURTS

Section 46. Appointment of Syariah High Court Judges.

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

(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 before his appointment, been a Judge of a Syariah Subordinate Court or a Kadhi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or

(ii) has for a period of not less than ten years before his appointment been a Peguam Syarie of a State or at any time before that in any State.

(3) A person who, immediately before the commencement of this section, was holding the post of Syariah High Court Judge under the previous Enactment and was performing judicial functions shall, on the commencement of this section, continue to hold office as a Syariah High Court Judge as if he had been appointed under subsection (1).

(4) Every appointment under subsection (1) shall be published in the Gazette.