Section 80. Peguam Syarie. (ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF SELANGOR) ENACTMENT 2003

ENACTMENT NO. 1 OF 2003
ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF SELANGOR) ENACTMENT 2003

PART V
PROSECUTION AND REPRESENTATION

Section 80. Peguam Syarie.

(1) Subject to subsections (2), (3) and (4), the Majlis may admit any person having sufficient knowledge of Islamic Law to be Peguam Syarie to represent parties in any Muslim proceeding before a Syariah Court.

[Amd. En. A25/2011: s.8a]

(2) The Majlis may, with the approval of the His Royal Highness The Sultan, make regulations to—

(a)

provide for the procedure, qualification and fees for the admission of

Peguam Syarie

; and

(b)

regulate, control and supervise the conduct of

Peguam Syarie

(3) Notwithstanding subsection (1)—

(a)

any member of the Judicial and Legal Service;

(b)

any person appointed under section 3 of the Legal Aid Act 1971;

(c)

any Syariah officer from the General Public Services of the Federation; or

(d)

any Majlis officer as determined by Majlis,

[Amd. En. A25/2011: s.8b]

may act as Peguam Syarie 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 Government Proceedings Act 1956 (Act 359) or the Legal Aid Act or any other written law without such member or person having admitted as a Peguam Syarie under that Act.

(4) Notwithstanding subsections (1) and (2), any person who has been admitted as Peguam Syarie under any written law in force in any state in Malaysia may be admitted as a Peguam Syarie for the State of Selangor on application being made by him to the Majlis accompanied by evidence of his admission as a Peguam Syarie in that other State.

[Amd. En. A25/2011: s. 8c ]

(5) A person who, immediately before the commencement of this section, was admitted as a Peguam Syarie under the previous Enactment shall, subject to this Enactment, be deemed to have been admitted to be a Peguam Syarie 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 Peguam Syarie 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.