Syariah Courts Act · 2022 Revised Edition · Part 2
12. Judge
Official textFrom Attorney General's Chambers, unchanged
The Chief Syar’ie Judge and Syar’ie Judges appointed under section 8(1) or 10(1) respectively shall hold office until the age of 65 years or until such later time as may be approved by His Majesty the Sultan and Yang
Judge
“Judge” means a Syar’ie Judge appointed under sections 9(1), 10(1) and 11 and includes the Chief Syar’ie Judge;
Di-Pertuan.
The Chief Syar’ie Judge and any Syar’ie Judge appointed under sections 8(1), 9(1) and 10(1), as the case may be, may at any time resign from his office by sending to His Majesty the Sultan and Yang Di-Pertuan a letter of resignation under his hand, through the Majlis or the Chief Syar’ie
Majlis
“Majlis” means Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act;
Judge, as the case may be, but he may not be removed from office or his service terminated except in accordance with the provisions of subsections (3), (4) and (5).
Where the Majlis or the Chief Syar’ie Judge refers a representation to His Majesty the Sultan and Yang Di-Pertuan that the Chief
Syar’ie Judge, or any Syar’ie Judge appointed under sections 8(1), 9(1)
and 10(1), as the case may be, should be removed or his service terminated on grounds of —
misconduct; or
disability, due to mental or bodily weakness or other causes, to properly perform his duty,
His Majesty the Sultan and Yang Di-Pertuan shall appoint a tribunal in accordance with subsection (4) and refer the representation to it, and may on the recommendation of the tribunal terminate the service of the Chief Syar’ie
Judge or the Syar’ie Judge, as the case may be.
Syariah Courts 14
The tribunal shall consist of not less than three Muslims who are or have been a Syar’ie Judge or Supreme Court Judge or who have been appointed as a member of the Judicial Committee of the Majlis under section 44 of the Religious Council and Kadis Courts Act (Chapter 77), and the tribunal shall be presided by the member who is the most senior:
Provided that His Majesty the Sultan and Yang Di-Pertuan may appoint any other person as he thinks fit or who is learned in Hukum Syara’ to be a member of the tribunal.
Pending any reference and report under subsection (3),
His Majesty the Sultan and Yang Di-Pertuan may, on the recommendation of the Majlis or the Chief Syar’ie Judge, suspend the Chief Syar’ie Judge or the
Syar’ie Judge, as the case may be, from performing his duties.
Notwithstanding the provisions of subsection (1), the validity of anything done by a Syar’ie Judge shall not be questioned on ground that the
Syar’ie Judge has reached the retiring age limit.
Appointment of Chief Registrar, Deputy Chief Registrar, Registrar and
Terms defined in s 2
Judge
Defined · s 2“Judge” means a Syar’ie Judge appointed under sections 9(1), 10(1) and 11 and includes the Chief Syar’ie Judge;
Majlis
Defined · s 2“Majlis” means Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act;
Syariah Courts
Defined · s 2“Syariah Courts” means the Syariah Subordinate Courts, the Syariah High Court or the Syariah Appeal Court, as the case may be, established under section 6(1);
Part
Prosecution, Investigation and Representation
Part