Section 34
of Syariah Courts Enactment 2024
Section 34
(1)
The Chief Syar 'ie Judge may at his discretion, on payment of a prescribed fee, admit any person having sufficient knowledge of Hukum Syarak and laws in force in Sabah relating to
Islamic affair, to be Syar 'ie Lawyer to represent parties in any proceeding before a Syariah
Court.
(2)
The Chief Syar 'ie Judge may make rules to
(a)
provide for the procedure, qualification and fees for the admission of Syar ‘ie Lawyer; and
(b)
regulate, control and supervise the conduct of Syar 'ie Lawyer.
(3)
Notwithstanding subsection (1) -
(a)
any member of the Judicial and Legal Service;
(b)
any officer of the State Attorney-General's Chambers;
(c)
any person appointed under section 3 of the Legal Aid Act 1971 [Act 26];
(d)
any legal officer of the Majlis; or
(e)
any person deemed eligible by the Chief Syar 'ie Judge, may act as Syar ’ie Lawyer representing any party in any proceeding in the Syariah Courts if the party could have been represented by him in the civil court by virtue of the Legal Profession Act 1976 [Act 166] or the Advocates Ordinance [Cap. 2] or the Sarawak Advocates Ordinance [Cap.110] without such member or person having admitted as an advocate and solicitor under that Act or Ordinance.
(4)
Notwithstanding anything contained in this section, the Chief Syar 'ie Judge may, upon application by or on behalf of any Syar 'ie Lawyer of other states or Federal Territories in Malaysia, grant permission to such person to practise in any case subject to any conditions as specified in the rules made under this Enactment and on the payment of the prescribed fee.
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(5)
Notwithstanding anything contained in any other written law, no person, other than a Syar 'ie
Lawyer or a person mentioned in subsection (3), shall be entitled to appear in any Syariah Court on behalf of any party to any proceedings before it.
(6)
Any person who contravenes subsections (4) and (5) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.