Syarie Legal Profession (Federal Territories) Act 2019 · Updated to 5 Oct 2024 · Part IX · Disciplinary Proceedings
83. Suspension of Peguam Syarie
Feedback & supportIf a Peguam Syarie—
Peguam Syarie
“Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24;
has been found guilty by a court of law of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person;
client
“client” includes— (a) in relation to a contentious business— (i) any person who as a principal or on behalf of another person retains or employs a Peguam Syarie; and (ii) any person who is or may be liable to pay a Peguam Syarie’s costs; or (b) in relation to a non-contentious business— (i) any person who, as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has express or implied power, to retain or employ a Peguam Syarie; and (ii) any person for the time being liable or may be liable to pay a Peguam Syarie’s costs for his services;
has been struck off his name from the Register;
Register
“Register” means the Register of Peguam Syarie kept and maintained under section 24;
has been barred, suspended, reprimanded or censured in his capacity as Peguam Syarie in any other States;
is the subject of a complaint concerning any dishonest act committed by him in his capacity as a Peguam Syarie;
has left the country or has not attended his office in such circumstances that the Majlis Peguam Syarie may reasonably presume that he has absconded; or
is otherwise incapable from infirmity of body or mind or any other cause of effectively performing the functions of a Peguam Syarie,
64 Laws of Malaysia ACT 814
and the Majlis Peguam Syarie considers that it would be in the public interest or in the interest of his clients or of the profession that the Peguam Syarie be suspended from practice, the Majlis Peguam Syarie may apply to the
Disciplinary Board for an order suspending the Peguam Syarie from practice until further notice is given.
Board
“Board” means the Syarie Legal Profession Qualifying Board established under section 3;