ENACTMENT 2 ADMINISTRATION OF THE RELIGION OF ISLAM
(STATE OF PENANG) ENACTMENT 2004
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 proceeding before a Syariah Court.
(2) The Majlis may, with the approval of the Yang di-Pertuan Agong, 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; or
(b) any person appointed under section 3 of the Legal Aid Act 1976,[Act 166].
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 Legal Profession Act 1976 [Act 166] or the Advocates Ordinance of Sabah [Cap. 2] or the Advocates Ordinance of Sarawak [Cap. 3] 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 Peguam Syarie under any written law in force in any State in Malaysia shall be admitted as a Peguam Syarie for the State of Penang on application being made by him to the Majlis accompanied by evidence of his admission as a Peguam Syarie in that other State.
(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.