Section 7
⎯(1)
of Syariah Courts Ordinance, 2001
Subject to subsections (2) to (6), the Chief Syariah
Judge appointed under section 4, a Judge of the Syariah Appeal Court appointed under section 5(1) and a Judge of the Syariah High Court appointed under section 6(1), shall hold office until he attains the age of sixty five years or such later time, not being later than six months after he attains that age, as the Yang di-Pertua Negeri, on the recommendation of the Majlis, may approve.
(2)
A Judge of the Syariah Appeal Court or the Syariah High
Court may at any time resign his office by writing under his hand addressed to the Yang di-Pertua Negeri but shall not be removed from office except in accordance with the following provisions of this section.
(3)
If the Chief Syariah Judge represents to the Yang di-Pertua
Negeri that a Judge of the Syariah Appeal Court or the Syariah High
Court ought to be removed on the ground of⎯
8
(a)
any breach of any provision of the code of ethics prescribed under section 3(4); or
(b)
inability from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertua Negeri shall appoint a tribunal in accordance with subsection (4) and refer the representation to it, and may on the recommendation of the tribunal remove such Judge from office.
(4)
There shall be a tribunal which shall consist of not less than five persons who are Muslims and who hold or have held office as a Judge of the Federal Court, the Court of Appeal or the High Court of Malaysia, and the tribunal shall be presided over by the member according to the order of their appointments to an office qualifying them for membership.
(5)
Pending any reference and report under subsection (3), the
Yang di-Pertua Negeri may, on the recommendation of the Chief
Syariah Judge, suspend such Judge from the exercise of his functions.
(6)
Subject to this section, the Yang di-Pertua Negeri may provide for the terms of office, resignation and removal from office of the Chief Syariah Judge.
(7)
Notwithstanding subsection (1), the validity of anything done by the Chief Syariah Judge or a Judge of the Syariah Court shall not be questioned on the ground that he had attained the age at which he was required to retire.
Appointment of Judges of the Syariah Subordinate Courts