THE shariah courts in Sabah are in a quandary with many appeals and applications still pending following the absence of a shariah chief judge for four months now.

Shariah lawyers told The Malaysian Insight the state government appointed a new shariah chief judge who was supposed to start duty on April 1 this year but up until August, the judge has yet to move to Sabah.

The judge, Ahmad Lakim, is still presiding over cases in Malacca.

“On May 17, the government appointed Ahmad Lakim as the shariah chief judge of Sabah. His appointment was also published in the state gazette on June 27.

“However, until today, the said chief judge is not stationed in Sabah.

“Instead, he is presently in Malacca as the shariah high court judge there,” said shariah lawyer Hamid Ismail.

Without a shariah chief judge, all appeals and application proceedings in the Shariah Court of Appeal cannot be disposed of as the appointment of the Shariah Court of Appeal panel requires recommendations from the state Majlis Ulama and the shariah chief judge.

“If the shariah chief judge is not in Sabah to perform his duties, such recommendations cannot be made. As a result, the quorum for a Shariah Court of Appeal panel can’t be formed,” he said.  

Similarly, the appointment of new shariah high court judges can’t be made because it requires recommendation by the shariah chief judge, said Hamid.

The situation is the same with the admission of new shariah lawyers.

“Sabah does not have written regulations to regulate the admission and conduct of shariah lawyers. According to Section 32(2) of the Shariah Courts Enactment, only the state chief shariah judge could make that regulation.

“Without that regulation, the admission of shariah lawyers in Sabah and their conducts are based on unwritten rules.”

Hamid said Sabah is the only state in the country that does not have rules to regulate the admission of lawyers and this is dangerous as it will lead to improper use of discretion to the admission of shariah lawyers in the state.

“Since April, there have been no new admission of shariah lawyers in Sabah,” he said.

Another shariah lawyer, Amin Tenreng from Tawau, hopes the state government can look into this matter seriously, saying there must be something preventing the shariah chief judge from performing his duties.

“It is unlawful if he is being prevented to perform his duties. The shariah courts is a matter of the state and stated clearly in the constitution,” he said.

Meanwhile, Sabah Law and Native Affairs Minister Aidi Mokthar is aware of the issue but refused to comment on the matter.

Malacca shariah court chief registrar Abu Suffian Abu Yaziz, when contacted, said Abdul Lakim remains attached to the Malacca Shariah Court until a written instruction is given by the Malaysian Shariah Court Department headquarters from Putrajaya.

He said he was aware of Abdul Lakim’s new designation.

“Until today, we have not received any written confirmation from headquarters. Such decisions do not come from the state but comes from the federal body.” – August 15, 2019.