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Information Of Syarie Lawyer


State: Penang


  1. Committee of Syarie Lawyers
    • Committee Memberships
    • Committee Functions
  2. Application Process for Appointment of Syarie Lawyers
    • Supporting Documents
    • Processing Fee
    • Annual Fee for Certificate in Legal Practice
    • Validity Period for Syariah Certificate in Legal Practice
  3. Eligibility of Syarie Lawyers
  4. Renewal Process
    • Renewal Process Guidelines
  5. Objection Process Against Appointment of Syarie Lawyers
  6. Complaint Process Against Conduct of Syarie Lawyers
  7. Appeal Process by Syarie Lawyers
  8. Professional Disciplines of Syarie Lawyers

 

Committee Memberships

  1. The Committee shall consist of:
     
    a) a member of the Council, as Chairman;
    b) the Chief Registrar of the Syariah Appeal Court,
    as Secretary;
    c) Syariah Chief Prosecutor;
    d) Legal Advisor or his representative; and
    e) Not more than two persons who are
    experts in Islamic law;

Committee Functions

a) To give MAINPP approval regarding the eligibility of any person applying for appointment as Syarie Lawyer

b) To make recommendations to MAINPP whether any Syarie Lawyer should be dropped from Syarie Lawyer Register or any Syarie Lawyer be suspended from practicing as Syariah Lawyer or be given a warning; and 

c) To carry out other functions related to functions as mentioned under paragraphs (a) and (b).

 


Processing Fee

RM20.00

Annual Fee for Certificate in Legal Practice

RM200.00

Validity Period of Syariah Certificate in Legal Practice

1 Year

Eligibility of Syarie Lawyers

  • Muslim
  • Malaysia Citizen
  • Aged 21 years and above
  • Academic Qualification
  • Not a bankrupt
  • No Syariah or Civil criminal offence
 

 

Renewal Process Guidelines

  1. Every application for renewal of Syariah Certificate in Legal Practice shall be made to MAINPP no later than two months before the expiry date of the certificate.

  2. Application must be made in Form 1 as stipulated in Table 1 and submitted to the Chairman of the Committee

  3. Fees for each renewal of Syariah Certificate in Legal Practice are as follows:-

    a) if the application for renewal is made within the time prescribed by subrule (1), the fee is one hundred Ringgit Malaysia;

    b)if the application for renewal is made after period prescribed by subrule (1), the fees are as follows:

    (i) if the application is made within less than two months before the expiry date of the certificate, the fee is two hundred Ringgit Malaysia;

    (ii) if the application is made within one month after the expiry date of the certificate, the fee is three hundred Ringgit Malaysia;

    (iii) if the application is made after the period prescribed by paragraph (b)(ii) but made within two months of the expiry date of the certificate, the fee is four hundred Ringgit Malaysia; and

    (iv) if the application is made after the period prescribed by paragraph (b)(iii) but made within three months of the expiry date of the certificate, the fee is five hundred Ringgit Malaysia.

  4. Any Syarie Lawyer who fails to renew the Syariah Certificate in Legal Practice until three months after the expiration as prescribed by subrule (3)(b)(iv) will not be allowed to renew his certificate and his name shall be considered as having been removed by MAINPP from Syarie Lawyer Register; and if he intends to be reinstated as Syarie Lawyer, he shall apply as prescribed by Rule 23.

 

Objection Process

Any objection to the application of any person to be appointed as Syarie Lawyer shall be submitted to the Committee with grounds for the objection.

Complaint Process

Any complaint about the behaviour of a Syarie Lawyer on his professional conduct shall be made to MAINPP.

 

Appeal Process

  1. Subject to the Rules of Penang Syarie Lawyers, on approval by MAINPP Committee may if it considers fair and reasonable to reinstate a person, whose name has been removed or dropped from the Syarie Lawyer Register, as a Syarie Lawyer
     

  2. An application so that a person is reinstated as a Syarie Lawyer shall be made following the manner prescribed by these Rules for the person who intends to be reinstated as a Syarie Lawyer for the first time, but for the application made under this rule, the application shall be supported by an affidavit explaining why the applicant intends to be reinstated as a Syarie Lawyer.
     
  3. The fee for each Syariah Certificate in Legal Practice issued under this Rule is seven hundred Ringgit Malaysia (RM700.00).

 

Professional Disciplines of Syarie Lawyers

  1. The Committee may, on any reasonable cause to impose disciplinary action on any Syarie Lawyer in accordance with the provisions of this Section.
     

  2. The grounds which are reasonable may be shown with proof that the Syarie Lawyer:

    (a) has been convicted of any criminal offence under any written law that causes him to be ineligible to become a member of his profession;

    (b) has been convicted of foul conduct in discharging his professional duties or the fraudulent conduct or conduct that is not appropriate as a Syarie Lawyer;

    (c)has been sentenced to be a bankrupt and has been found guilty of any act or omission mentioned in paragraph 33(6)(a), (b), (c), (e), (f), (h), (k) or (l) of the Bankruptcy Act 1967;

    (d) has offered or given gratification to any person as an inducement for getting employment for himself or any other Syarie Lawyer in any legal transaction;

    (e) has directly or indirectly obtained or attempted to obtain employment for himself or any other Syarie Lawyer through or with the direction of any person to whom any remuneration for the employment that has been given by him or agreed or promised to do so;

    (f ) has received an employment in any legal transaction through a person who pulls subscription;

    (g) has allowed any clerk or any other person who is not authorised to operate or run legal business in his name while the clerk or the other person who is not authorised is not under the control of the principal to ensure that he does not act without proper supervision;

    (h) run by himself or through any other person whose service used by him for trade, business or profession which in the opinion MAINPP is not in accordance with the legal profession or the service is used in any trade, business or employment; and

    (i)has contravened or failed to comply with any provisions of these rules or any other rules made under the Administration of Islamic Religion Enactment 1978 if in the opinion of MAINPP the breach or default requires disciplinary action.

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