Malaysia legislation
Section 44
of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (PROSIDING TATATERTIB) 2024
Seksyen 44
Death
(1)
Where the Peguam Syarie concerned dies before the conclusion of the proceedings against him, the complaint shall abate without prejudice to any remedies that the complainant may have against the estate of the deceased Peguam Syarie.
(2)
Where the complainant dies before the conclusion of the proceedings, the complaint may be continued by the next of kin or legal personal representative of the complainant.
(3)
If the next of kin or the legal personal representative does not respond within three months of being notified by the Director of their right to continue with the complaint, the Director shall refer the complaint to the Majlis Peguam Syarie and the
Majlis Peguam Syarie may, if it thinks appropriate, proceed with the complaint.
(4)
If the Majlis Peguam Syarie decides to proceed with the complaint under subrule (3)—
(a)
the Majlis Peguam Syarie shall notify the Disciplinary Board by notice in writing of its decision to proceed with the complaint and the requirements of rule 6 shall be deemed to have been satisfied; and
P.U. (A) 212 63
(b)
the Director shall record the decision of the Majlis Peguam Syarie in the Complaints Register and notify the next of kin or legal personal representative of the complainant of the continuation of the complaint by the Majlis Peguam Syarie.
P.U. (A) 212 64
FIRST SCHEDULE
[Subrule 6(2)]
COMPLAINT
Director of Complaints Secretariat
Peguam Syarie Disciplinary Board
(address)