Malaysia legislation
Section 28
Section 28
Peguam Syarie
Syariah Judge may, on payment of the prescribed fee, admit any person having sufficient knowledge of Islamic Law to be Peguam
Syarie to represent parties in any proceeding before a Syariah Court.
(2)
The Chief Syariah Judge may make rules⎯
(a)
to provide for the procedure, qualification and fees for the admission of Peguam Syarie; and
(b)
to regulate, control and supervise the conduct of
Peguam Syarie.
(3)
Notwithstanding subsection (1)⎯
(a)
any member of the Judicial and Legal Service; or
(b)
any officer of the State Attorney General’s Chambers;
or
(c)
any person appointed under section 3 of the Legal Aid
Act 1971 [Act 26], may act as Peguam Syarie representing any party to any proceeding in a Syariah Court if the party could have been represented by him in the
Civil Court by virtue of the Advocates Ordinance [Cap. 110 (1958
Ed.)] without such member or person having to be admitted as an advocate under that Ordinance.
(4)
Notwithstanding subsections (1) and (2), any person who has been admitted as a Peguam Syarie under any written law in force in any State in Malaysia may, on payment of the prescribed fee, be admitted as a Peguam Syarie in the State on application being made by him to the Chief Syariah Judge accompanied by evidence of his admission as a Peguam Syarie in that other State.
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(5)
A person who, immediately before the commencement of this section, was admitted as a Peguam Syarie under the repealed
Ordinance shall, subject to this Ordinance, be deemed to have been admitted to be a Peguam Syarie and shall be entitled to appear in any
Syariah Court on behalf of any party to any proceeding before the
Syariah Court.
(6)
Notwithstanding anything contained in any other written law, no person, other than a Peguam Syarie or a person mentioned in subsections (3) and (4), shall be entitled to appear in any Syariah
Court on behalf of any party to any proceeding before the Syariah
Court.