KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (AMALAN DAN ETIKA PEGUAM SYARIE) 2024

These rules may be cited as the Syarie Legal Profession (Federal

Territories) (Practice and Etiquette of Peguam Syarie) Rules 2024.

These Rules come into operation on 27 September 2024.

Obligation of Peguam Syarie

A Peguam Syarie shall, at all times, act honestly and in the interest of justice and use reasonable diligence in the discharge of his duties.

A Peguam Syarie shall strive to enhance and increase knowledge on Hukum Syarak and laws to ensure that his duties shall be performed efficiently and effectively.

A Peguam Syarie shall maintain a respectful attitude towards the syariah court.

Undertaking to syariah court

comply with any of his undertaking to the syariah court; and

in so far as it is within his control, ensure that his client complies with any undertaking of his client to the syariah court.

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Duty to give advice

A Peguam Syarie shall not accept any appointment if—

A Peguam Syarie who at any time has accepted appointment, advised or acted for a party with regards to institution of any suit, appeal or other proceedings, prosecution or defence, shall not act for the opposite party in the suit, appeal, other proceedings, prosecution or defence.

A Peguam Syarie shall not accept any appointment unless he is reasonably certain of being able to appear and represent the client on the day he is required to appear.

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A Peguam Syarie, who has accepted the appointment from a client, shall not withdraw from acting for the client without reasonable cause.

Prohibition on accepting remuneration in his capacity as Members of Parliament, etc.

A Peguam Syarie shall not accept any remuneration, other than the remuneration and allowances to which he is entitled as a Member of Parliament under the Members of Parliament (Remuneration) Act 1980 [Act 237] or as a Member of any

State Assembly under any State enactment, for anything he does in his capacity as a Member of Parliament or State Assembly.

Peguam Syarie shall not, without written consent of the Majlis Peguam Syarie, hold the position of an executive director or executive secretary of a company.

Defence shall be conducted fairly and honourably

shall do so with the intention of upholding justice for the victim while respecting the rights of the accused; and

shall not suppress any material or evidence capable of establishing the innocence of the accused.

Peguam Syarie’s fees

the labour, skill, specialized knowledge and responsibility required of, and the time and labour expended by, the Peguam Syarie;

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the complexity of the cause or matter in which it arises and the difficulty or novelty of the question involved;

whether such appointment will preclude his appearance for other matters or cases which he has a reasonable prospect of being appointed;

the number and importance of the documents prepared or perused;

the customary charges of the profession for similar services;

where money or property is involved, its amount or value;

the benefit and importance of the cause or matter to the client;

the nature of the job, whether casual or for a well-known client; and

the special position or seniority of the Peguam Syarie.

Prohibition to conduct case with intention to delay proceedings, etc.

ask a question which affect the credibility of the person who gave evidence by injuring his character which is irrelevant to the case unless the Peguam Syarie has reasonable grounds for thinking that the imputation is

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well-founded and true; and

ask a question which relates to matters so remote in time or of such a character that it would not materially affect the credibility of a person.

Duty to uphold interest of client, justice and dignity of profession

knowingly misquote the contents of a cause paper or document, the testimony of a witness, the argument of Peguam Syarie of another party or the language of a decision or textbook;

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with knowledge of its invalidity, cite as authority a decision which has been decided otherwise by a higher syariah court or a law which has been amended or declared as invalid; or

deceives syariah court or Peguam Syarie of another party by concealing or withholding in his opening speech positions upon which he intends to rely.

Duty to bring to syariah court’s attention any proposition of law, etc.

A copy of the notification referred to in subrule (1) shall also be sent to the Peguam Syarie representing the other party to the proceeding for him to comment, if necessary.

Duty to inform syariah court probable length of trial and possibility of settlement

A Peguam Syarie shall not apply for the postponement of a case fixed for trial unless—

he is directly having any interest, pecuniary or otherwise; or

unless permitted by the syariah court, he has reasonable cause to believe that he has a potential to become a witness in respect of a material and disputed question of fact.

A Peguam Syarie shall not appear before a syariah court which exercises its appellate, supervisory or revisionary jurisdiction in respect of the case referred to in paragraph (1)(b).

This rule shall not prevent a Peguam Syarie from swearing or affirming an affidavit as to formal or undisputed facts in matters in which he acts or appears.

Peguam Syarie not to testify on behalf of client

A Peguam Syarie shall not wear special robes for Peguam Syarie in public places other than in syariah court or whilst travelling to or from syariah court except on such ceremonial occasions and at such places as the Majlis Peguam Syarie or the syariah court may determine.

Duty to uphold dignity of profession

In conducting the interview referred to in subrule (1), the Peguam Syarie shall avoid any suggestion calculated to induce the witness to suppress or deviate from the truth.

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Duty not to abuse confidence reposed by client

A Peguam Syarie shall preserve his client’s confidence and this duty shall remain regardless of the fact that the Peguam Syarie is no longer representing the client.

Duty to prevent client from wrongful conduct towards syariah court, etc.

Where a client persists in such wrong doing referred to in subrule (1), the Peguam Syarie shall terminate the Peguam Syarie and client relationship.

Restriction on standing as surety, etc.

A Peguam Syarie shall not be a full-time salaried employee of any person or firm, other than as a Peguam Syarie or firm of Peguam Syarie, or corporation so long as the Peguam Syarie continues to practise as a Peguam Syarie.

Any Peguam Syarie who takes up an employment referred to in subrule (2)

shall notify the Majlis Peguam Syarie of such fact and shall take steps to cease to practise as a Peguam Syarie if he continues in such employment.

Notwithstanding this rule, a Peguam Syarie shall not be prohibited from practising as an advocate and solicitor while he is practising as a Peguam Syarie.

Soliciting reporting

Notwithstanding subrule (1), a Peguam Syarie may consider and revise reports of cases in which he has been professionally employed so as to ensure the correctness of the report.

Touting

divide or agree to divide costs received or the profits of his business with any unqualified person;

pay, give, agree to pay or agree to give any commission, gratuity or valuable consideration to any unqualified person to procure or use his influence to procure or for having procured or used his influence to

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procure any legal business; or

accept or agree to accept less than the scale fees laid down by law in respect of non-contentious business carried out by him except for any special reason where no charge at all is made.

Paragraph (1)(b) does not prohibit the payment of ordinary bonuses to staff.

Prohibition to appear for party represented by another Peguam Syarie

in the name of his own firm; and

continuously manned by the Peguam Syarie himself or one of the partners in his firm.

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The branch office shall not be in the same office as that of any other firm of

Peguam Syarie.

A Peguam Syarie shall not practise in the Federal Territories in or as a partner of, more than one firm at one time without the consent of the

Majlis Peguam Syarie.

A Peguam Syarie shall not practise unless he maintains a firm or is employed in any firm registered with the Majlis Peguam Syarie.

Use of “consultant”

he has a valid practising certificate issued under Part IV of the Act; and

he has been—

in active practice as Peguam Syarie in the Federal Territories or other States for a period of not less than twenty years; or