Enactment No 3 Of 1991 ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991
PART III - SYARIAH COURTS
Section 44. Tenure of office of Judges.
(1) Subject to subsection (2) to (5), the Chief Syarie Judge, Syariah Appeal Court Judge and Syariah High Court Judge shall hold office until he attains the age of sixty five or for such later time as approved by His Royal Highness the Sultan, but not more than six months after he attains the age of sixty five.
(2) A Syariah High Court Judge may at any time resign his office by writing under his hand addressed to His Royal Highness the Sultan but shall not be removed from office except in accordance with the following provisions of this section.
(3) If the Chief Syarie Judge represents to His Royal Highness the Sultan that a Syariah High Court Judge ought to be removed on the ground of-
(a) misbehaviour; or
(b) inability from infirmity of body or mind or any other causes to properly discharge the functions of his office,
His Royal Highness the Sultan shall appoint a tribunal in accordance with subsection (4) and refer the representation to it, and may on the recommendation of the tribunal remove the Syariah High Court Judge from office.
(4) The said tribunal shall consist of not less than five male Muslims who hold or have held office as a Syariah High Court Judge or a judge of the civil High Courts in Malaysia, and shall be presided over by the member first in the following order, namely, the Chief Syarie Judge, and the other members according to the date of their appointment to the office qualifying them to be a member.
(5) Pending any reference and report under subsection (3) His Royal Highness the Sultan may, on the recommendation of the Chief Syarie Judge, suspend a Syariah High Court Judge from exercising his functions.
(6) Subject to the provisions of this section, His Royal Highness the Sultan may make regulation to provide for the terms of office, resignation and removal from office of the Chief Syarie Judge.
(7) Notwithstanding subsection (1), the validity of anything done by the Chief Syarie Judge, Syariah Appeal Court Judge and Syariah High Court Judge shall not be questioned on the ground that he has attained the age at which he is required to retire.