Malaysia legislation
Section 77
Section 77
(2)
The Majlis Peguam Syarie may exercise disciplinary jurisdiction over any complaint concerning the misconduct of any Peguam Syarie and pupil.
(3)
The Majlis Peguam Syarie shall establish a mechanism, including the establishment of a Disciplinary Board to deal with the complaint or information received against a Peguam Syarie and any other committees to assist the Disciplinary Board.
(4)
For the purposes of this Part—
“Disciplinary Board” means the Disciplinary Board established by the Majlis Peguam Syarie under subsection (3);
“misconduct” means any conduct of, or omission to act by, a Peguam Syarie in a professional capacity or otherwise which amounts to grave impropriety and includes—
(a)
conviction of a criminal offence which makes him unfit to be a member of his profession;
(b)
breach of duty to a syariah court including any failure by him to comply with an undertaking given to the syariah court;
(c)
dishonest or fraudulent conduct in the performance of his duties;
(d)
breach of any rules of practice and etiquette of the profession made by the Majlis Peguam Syarie under this Act or otherwise;
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(e)
being an adjudicated bankrupt;
(f)
the tendering or giving of any gratification to any person for having procured the employment in any syariah legal business of himself or any other Peguam Syarie;
(g)
directly or indirectly procuring or attempting to procure the employment of himself or any other Peguam Syarie through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given;
(h)
accepting employment in any syariah legal business through a tout;
(i)
allowing any unauthorised person to carry on syariah legal business in his name without his direct and immediate control as principal or without proper supervision;
(j)
the carrying on by himself, directly or indirectly, of any profession, trade, business or calling which is incompatible with the syariah legal profession or being employed for reward or otherwise in any such profession, trade, business or calling;
(k)
the breach of any provision of this Act or any rules made under this Act or any direction or decision of the Majlis
Peguam Syarie;
(l)
the removal or the striking off of his name from the
Register, suspension or censure in his capacity as a
Peguam Syarie in any other States or being guilty of misconduct which would render him to be punished in any other States;
(m)
the charging, in the absence of a written agreement, in respect of the professional services rendered to a client, of fees or costs which are grossly excessive in all the circumstances;
(n)
gross disregard of his client’s interests; and
(o)
acting in any matter which is unbefitting of a Peguam
Syarie or which brings or is calculated to bring the syariah legal profession into disrepute.
Syarie Legal Profession (Federal Territories)
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Complaint against Peguam Syarie or pupil