SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 As at 5 October 2024 S This text is ONLY AN UPDATED TEXT of the Syarie Legal Profession (Federal Territories) Act 2019 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 Date of Royal Assent … … … ... 15 November 2019 Date of publication in the Gazette … … … … 29 November 2019 Latest amendment made by P.U. (A) 285/2024 which came into operation on … … … … 5 October 2024 3 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II SYARIE LEGAL PROFESSION QUALIFYING BOARD 3. Establishment of the Board 4. Functions of the Board 5. Powers of the Board 6. Membership of the Board 7. Secretary to the Board 8. Allowance 9. Power to make rules in relation to admission as Peguam Syarie, etc. 10. Power to exempt 4 Undang-Undang Malaysia AKTA 814 PART III ADMISSION OF PEGUAM SYARIE Seksyen 11. Qualified person 12. Conditions for admission 13. Period of pupillage 14. Exemption from pupillage 15. Application for admission 16. Filing of copy of application 17. Service of copy of application 18. Inquiries into character of applicant 19. Objection of application by the Chief Syariah Prosecutor or Majlis Peguam Syarie 20. Objection of application by other person 21. Admission as Peguam Syarie 22. Right of appeal 23. Issuance of Certificate of Peguam Syarie Register 24. Register of Peguam Syarie 25. Removal of name of Peguam Syarie from the Register 26. Peguam Syarie may apply to remove his name from the Register 27. Restoration of name of Peguam Syarie in the Register PART IV ANNUAL PRACTISING CERTIFICATE 28. Supporting Acknowledgement 29. Issuance of Annual Practising Certificate 30. Disqualification from getting Annual Practising Certificate 31. Register of Practitioners Profesion Guaman Syarie (Wilayah-Wilayah Persekutuan) Section 32. Submission of Annual Practising Certificate PART V RIGHTS AND PRIVILEGES OF PEGUAM SYARIE 33. Rights and privileges of Peguam Syarie 34. Name of Peguam Syarie in the Register before practice 35. Unauthorized person 36. Certain persons may act as Peguam Syarie 37. Instrument and document to be endorsed 38. Cost and payment to unauthorized person PART VI NAME OF FIRM 39. Application for registration name of firm 40. Register of name of firm 41. Restoration of name of firm in the register of name of firm PART VII BADAN PEGUAM SYARIE AND MAJLIS PEGUAM SYARIE OF THE FEDERAL TERRITORIES Badan Peguam Syarie of the Federal Territories 42. Establishment of Badan Peguam Syarie of the Federal Territories 43. Object of Badan Peguam Syarie 44. Power to makes rules in relation to procedure of meeting, etc. 45. Members of Badan Peguam Syarie 46. Eligibility as member 47. Annual subscription and levy 5 6 Undang-Undang Malaysia AKTA 814 Majlis Peguam Syarie of the Federal Territories Section 48. Establishment of Majlis Peguam Syarie of the Federal Territories 49. Election of first Majlis Peguam Syarie members, etc. 50. Election of next Majlis Peguam Syarie members 51. Eligibility to be nominated and appointed as members of Majlis Peguam Syarie 52. Nominations 53. Insufficient nominations 54. Period of holding office of Majlis Peguam Syarie 55. Casual vacancy Holders of the Office 56. President, Vice President, Secretary and Treasurer of Badan Peguam Syarie 57. Vacancy of Majlis Peguam Syarie members Disqualification of members of Majlis Peguam Syarie or any of its Committees 58. Disqualification of members of Majlis Peguam Syarie or any of its Committees Powers of Majlis Peguam Syarie 59. Power of Majlis Peguam Syarie 60. Establishment of committees 61. Returns, reports, accounts and information 62. Rights to inspect file and copies of bankruptcy proceedings 63. Names of members of Majlis Peguam Syarie, etc., to be published and confidentiality of deliberations Profesion Guaman Syarie (Wilayah-Wilayah Persekutuan) 7 PART VIII PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF PEGUAM SYARIE Section 64. Power to make rules regulating practice, etc. 65. Power to make rules in relation to opening and keeping of accounts, etc. 66. Power to make rules in relation to professional indemnity 67. Peguam Syarie shall submit accountant’s report 68. Power to make rules in relation to examination of accountant’s report, etc. 69. Peguam Syarie shall not wilfully and knowingly acting as agent 70. Peguam Syarie shall not to employ undischarged bankrupt, etc. Client’s property, document, money, etc. 71. Taking over property, etc., by the Majlis Peguam Syarie 72. Making arrangements when Peguam Syarie is suspended from practice 73. Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie 74. Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie when he is undischarged bankrupt, etc. 75. Personal representative liable for acts of deceased Peguam Syarie 76. Majlis Peguam Syarie shall operate bank account of deceased Peguam Syaries’ client PART IX DISCIPLINARY PROCEEDINGS 77. Disciplinary authority 78. Complaint against Peguam Syarie or pupil 79. Complaint against firm 80. Limitation of disciplinary jurisdiction 81. Power to obtain documents 82. Disciplinary penalty or punishment 8 Undang-Undang Malaysia AKTA 814 Section 83. Suspension of Peguam Syarie 84. Appeal against order or decision of the Disciplinary Board 85. Power to make rules in relation to disciplinary proceedings PART X DISCIPLINE FUND 86. Establishment of Discipline Fund 87. Payment of cost, etc., out of Discipline Fund 88. Payment of fine, etc., into Discipline Fund PART XI MISCELLANEOUS 89. No action against Badan Peguam Syarie, Majlis Peguam Syarie, Disciplinary Board, etc., for act done 90. Confidentiality 91. Peguam Syarie removed from Advocate and Solicitor’s Roll 92. Power to prescribe fees 93. Power to amend Schedules FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 9 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 An Act to provide for the establishment of the Syarie Legal Profession Qualifying Board, Badan Peguam Syarie and Majlis Peguam Syarie, to provide for the admission of a Peguam Syarie, to regulate the practice of Syarie legal profession in the Federal Territories and for related matters. [21 June 2022; P.U. (B) 285/2022] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Syarie Legal Profession (Federal Territories) Act 2019. (2) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette and the Yang di-Pertuan Agong may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “client” includes— 10 Laws of Malaysia ACT 814 (a) in relation to a contentious business— (i) any person who as a principal or on behalf of another person retains or employs a Peguam Syarie; and (ii) any person who is or may be liable to pay a Peguam Syarie’s costs; or (b) in relation to a non-contentious business— (i) any person who, as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has express or implied power, to retain or employ a Peguam Syarie; and (ii) any person for the time being liable or may be liable to pay a Peguam Syarie’s costs for his services; “Badan Peguam Syarie” means the Badan Peguam Syarie of the Federal Territories established under section 42; “Register” means the Register of Peguam Syarie kept and maintained under section 24; “Register of Practitioners” means the Register of Annual Practising Certificate kept and maintained under section 31; “Chief Syariah Judge” means the Chief Syariah Judge of the Federal Territories; “Chief Registrar” means the Chief Registrar of the Syariah Appeal Court of the Federal Territories; “Chief Syariah Prosecutor” means the Chief Syariah Prosecutor of the Federal Territories; “cost” includes fees, charges, disbursements, expenses and remuneration; Syarie Legal Profession (Federal Territories) 11 “Board” means the Syarie Legal Profession Qualifying Board established under section 3; “syariah court” means the Syariah Lower Court, Syariah High Court or Syariah Appeal Court, as the case may be, established under section 40 of the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505]; “Syariah High Court” means the Syariah High Court of the Federal Territories; “Minister” means the Minister charged with the responsibility for the administration of the religion of Islam in the Federal Territories; “unauthorized person” means a person whose name is not listed in the Register and did not possess a valid Annual Practising Certificate; “syariah officer” means a syariah officer in the general public service of the Federation or in the general public service of any State; “legal officer” means a legal officer in the judicial and legal services; “advocate and solicitor” means an advocate and solicitor registered under the Legal Profession Act 1976 [Act 166]; “Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24; “State Peguam Syarie” means any qualified person who has been admitted as a Peguam Syarie in any State in Malaysia; “pupil” means a qualified person who is undergoing a period of pupillage under section 13; “pupillage” means pupillage in chambers; “master” means a Peguam Syarie with whom a pupil is undergoing his period of pupillage under section 13; 12 Laws of Malaysia ACT 814 “Supporting Acknowledgement” means an acknowledgement issued under section 28; “Secretary to the Board” means the Secretary to the Syarie Legal Profession Qualifying Board mentioned in subsection 7(1). PART II SYARIE LEGAL PROFESSION QUALIFYING BOARD Establishment of the Board 3. A body to be named as the Syarie Legal Profession Qualifying Board is established. Functions of the Board 4. The Board shall have the following functions: (a) to determine the qualifications of the persons intending to apply for the admission as a Peguam Syarie; and (b) to provide for— (i) the course of instruction, training, education, interview and examination by the Board for the person intending to apply for the admission as a Peguam Syarie; and (ii) the course of instruction, training and continuous professional development of the Peguam Syarie. Powers of the Board 5. (1) The Board may do all things necessary or expedient for, or in connection with, the performance of its functions under this Part. (2) Without prejudice to the generality of subsection (1), the Board may— Syarie Legal Profession (Federal Territories) 13 (a) appoint any committee as the Board considers necessary and expedient to assist the Board in the performance of its functions and in the exercise of its powers; (b) pay allowances and other expenses of the members of the Board or its committees; (c) appoint any lecturers and examiners for the purpose of providing courses of instruction, training, education, interview and examination under paragraph 4(b); (d) pay allowances and other benefits to lecturers and examiners appointed under paragraph (c); and (e) impose any fees or other charges as prescribed by the Board in the performance of its functions and the exercise of its powers. Membership o