Malaysia legislation

Section 2

of SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019

Section 2

In this Act, unless the context otherwise requires—

“client” includes—

(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;

Syarie Legal Profession (Federal Territories)

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“cost” includes fees, charges, disbursements, expenses and remuneration;

“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;

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Act 814

“master” means a Peguam Syarie with whom a pupil is undergoing his period of pupillage under section 13;

“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).