Section 21
of Syarie Lawyer State Sabah Rules 2021
Section 21
The Committee may, on due cause be shown, commence disciplinary action against any Syar’ie Lawyer in accordance with the provision of this Part.
(2)
Amongst the reasons for commencing disciplinary action against any Syar’ie
Lawyer are as follows-
(a)
has conducted himself in such manner which is inconsistent with
Hukum Syarak;
(b)
has made any public statement whether orally or in writing or any other act which may reasonably be construed as to bring into contempt the religion of Islam or state syariah judiciary institution or
Syar’ie Judges;
(c)
has been convicted by any Syariah or Civil Courts in Malaysia or any other country with regard to any criminal offence under any written law;
(d)
has wilfully or without any reasonable reason refused to carry out his duties for his clients;
(e)
has breach his duty to the Court to comply with his undertaking given to the Court;
(f)
contempt of Court or any other matters related to Islamic affairs;
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(g)
is dishonest or has conducted himself fraudulently in the discharge of his duties;
(h)
has accepted employment in any legal business through a tout;
(i)
has done or caused or allowed to be done, anything for the purpose of touting directly or indirectly or which is calculated to suggest that it is done for that purpose.
(j)
allows any person who is not a Syar’ie Lawyer to undertake or carry on legal business in his name or firm;
(k)
carries on by himself or through any person in his employment any trade, business or career which is in the opinion of the Committee is incompatible with his position as a Syar’ie Lawyer;
(l)
has been found guilty by the Disciplinary Board established under section 12A of the Advocate Ordinance (Sabah Cap. 2);
(m)
has been declared a bankrupt and has not been discharged;
(n)
has contravened or failed to comply with any of the provision of these Rules or any other written law, if in the opinion of the Committee such contravention or failure warrants disciplinary action; or.
(o)
has contravened any Practice Direction issued by State Chief
Syar’ie Judge or guidelines relating to etiquette and conduct of a
Syar’ie Lawyer that is issued from time to time by the Court or the
Committee.