ISU-ISU PEGUAM SYARIE DI MALAYSIA

Abstract

Syarie lawyers have the responsibility to represent their clients in the Syariah
Court. The lawyers are only allowed to practice law within the state that
appointed them as prescribed under the states ' statute. Such situation has
created inconsistency, which is the main issue plaguing the current Syariah
institution. The inconsistency exists when the administration of the Syarie
lawyers is under the different enactment and Kaedah Peguam Syarie from
one state to another. The inconsistency includes the administering of
qualification, appointment procedure and requirement, disciplinary action and
so forth . These caused by the jurisdiction of states statute. Moreover, the
issue relating to Jawatankuasa Peguam Syarie will be discussed. This
committee does not possess the authority concerning the formation of law
firm, insurance scheme, and the control over the firm 's annual financial
account. Finally, there is the need to legislate the main act in order to
standardize the administering of Syarie lawyers throughout Malaysia.