The New Straits Times
KUALA LUMPUR: A non-Muslim should not be allowed to practise as a syarie lawyer to prevent confusion among the Muslims, the High Court heard yesterday.
Lawyer Sulaiman Abdullah, citing a decision by the National Fatwa Council, said if non-Muslims were allowed to practise as syarie lawyers, they would be dealing with Muslim affairs, especially issues on Islamic laws.
He said the council had made a decision during its 92nd muzakarah (discussion) in December last year, that non-Muslims were barred from being syarie lawyers.
He added that in order for one to be a syarie lawyer, he or she needed to have faith in Allah.
Sulaiman, who is representing the Federal Territory Islamic Religious Council (MAIWP), also said if non-Muslim lawyers did not comply with ethics as syarie lawyers, the syariah courts could not take any action against them as they were not subject to the courts' jurisdiction.
Lawyer Sulaiman Abdullah, citing a decision by the National Fatwa Council, said if non-Muslims were allowed to practise as syarie lawyers, they would be dealing with Muslim affairs, especially issues on Islamic laws.
He said the council had made a decision during its 92nd muzakarah (discussion) in December last year, that non-Muslims were barred from being syarie lawyers.
He added that in order for one to be a syarie lawyer, he or she needed to have faith in Allah.
Sulaiman, who is representing the Federal Territory Islamic Religious Council (MAIWP), also said if non-Muslim lawyers did not comply with ethics as syarie lawyers, the syariah courts could not take any action against them as they were not subject to the courts' jurisdiction.
He was submitting at a hearing of a judicial review application by Victoria Jeyaseele Martin, 49, who is challenging the requirement that only a Muslim can be a syarie lawyer here.
She was seeking a declaration that Rules of Syarie Lawyers mandating that only Muslims can be admitted as a syarie lawyers was in contravention of the Federal Constitution and, therefore, shall be void.
She also wanted the court to quash the decision by MAIWP for refusing to process her application to become a syarie lawyer and the High Court's order to compel the council to receive and process the application regardless of the fact that she is a non-Muslim.
Counsel Ranjit Singh, who is appearing for Martin, submitted that his client had sufficient knowledge of Islamic laws and the MAIWP should allow her to sit for an examination for admission as the syarie lawyer.
"In some other states, non- Muslims have been practising as syarie lawyers," he said.
Judge Datuk Rohana Yusuf set March 17 for decision.
She was seeking a declaration that Rules of Syarie Lawyers mandating that only Muslims can be admitted as a syarie lawyers was in contravention of the Federal Constitution and, therefore, shall be void.
She also wanted the court to quash the decision by MAIWP for refusing to process her application to become a syarie lawyer and the High Court's order to compel the council to receive and process the application regardless of the fact that she is a non-Muslim.
Counsel Ranjit Singh, who is appearing for Martin, submitted that his client had sufficient knowledge of Islamic laws and the MAIWP should allow her to sit for an examination for admission as the syarie lawyer.
"In some other states, non- Muslims have been practising as syarie lawyers," he said.
Judge Datuk Rohana Yusuf set March 17 for decision.
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