Section 5
of Syariah Courts Enactment 2024
Section 5
The Yang di-Pertua Negeri shall, on the recommendation of the Majlis, appoint a Chief Syar 'ie
Judge.
(2)
A person is qualified for appointment under subsection (1) if he —
(a)
is a citizen;
(b)
has held any post for a period of not less than ten years, either as —
(i)
the Syariah High Court Judge;
(ii)
the Syariah Appeal Court Judge;
(iii)
the Syariah Supreme Court Judge; or
(iv)
the Chief Registrar of the Syariah Supreme Court; and
(c)
has Sabah connection.
(3)
A person shall be deemed to have Sabah connections for the purpose of subsection (2) if he is a
Malaysian citizen who -
(a)
was born in Sabah;
(b)
has been ordinarily resident in Sabah for a continuous period of five years or more; and
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(c)
satisfies the Yang di-Pertua Negeri that he is, at the time when the question whether he has Sabah connection is relevant, domiciled in Sabah.
(4)
Without prejudice to paragraph (2)(b), before a person under subparagraph (2)(b)(iv) is qualified for such appointment, he must have held either post under subparagraphs (2)(b)(i), (ii) or (iii) for a period of not less than one year.
(5)
The Yang di-Pertua Negeri may, on the recommendation of the Majlis, appoint temporarily the most senior Judge of the Syariah Supreme
Court to act as the Chief Syar 'ie Judge for the period -
(a)
when the office of the Chief Syar 'ie Judge is vacant;
(b)
when the Chief Syar 'ie Judge is absent from duty or from Sabah; or
(c)
when the Chief Syar 'ie Judge is, for any other reason, unable to perform the duties of his office