Malaysia legislation
Section 35
Section 35
Unauthorized person
(a)
acts as a Peguam Syarie or an agent for any party to a proceedings or in any capacity, other than as a party to an action in which he himself is a party, commences, carries on, solicits or defends any action, suit or other proceedings in the name of any other person in any of the syariah court or draws or prepares any instrument relating to any proceedings in any syariah court; or
(b)
wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as a Peguam
Syarie, or that he is recognized by law as so qualified or authorized, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term of not exceeding three years or to both.
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Act 814
(2)
Without prejudice to the generality of subsections (1)
and (3), any unauthorized person who either directly or indirectly—
(a)
draws or prepares any document or instrument relating to any immovable property or to any legal proceedings or to any trust for the purpose and in relation to any act and suit in any syariah court;
(b)
takes instructions to draw or prepare any document on which to found or oppose a grant of probate or letters of administration in any Syariah High Court; or
(c)
on behalf of a claimant or person alleging himself to have a claim to a legal right, writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a Peguam Syarie for legal proceedings, commits an offence under this subsection unless he proves that the act was not done for or in expectation to get any fee, gain or reward.
(3)
Any unauthorized person who does or solicits the right to do any act which is customarily within the function or responsibility of a Peguam Syarie, including but not limited to advising on
Syariah law, unless he proves that the act was not done for or in expectation to get any fee, gain or reward, commits an offence under this subsection.
(4)
Any unauthorized person who offers services as a Peguam
Syarie commits an offence under this subsection.
(5)
Any person referred to in subsections (2), (3) and (4) shall, upon conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding ninety days or to both for the first offence, and for the second or subsequent offence, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term of not exceeding six months or to both.
Syarie Legal Profession (Federal Territories)
31
Certain persons may act as Peguam Syarie