The New Straits Times
By Irdiani Mohd Salleh
By Irdiani Mohd Salleh
KUALA LUMPUR: Lawyer Victoria Jeyaseele Martin lost in her application to challenge the requirement that only a Muslim can be a syarie lawyer in Kuala Lumpur.
Victoria, 49, who holds a Diploma in Syariah Law and Practice (DSLP) conferred by the International Islamic University Malaysia, also failed to get an order to compel the Federal Territory Islamic Religious Council (MAIWP) to accept her application to be a syarie lawyer.
Her counsel, Ranjit Singh, told reporters that his client would appeal against the decision.
High Court judge Datuk Rohana Yusuf earlier dismissed Martin's application for a judicial review.
Victoria, 49, who holds a Diploma in Syariah Law and Practice (DSLP) conferred by the International Islamic University Malaysia, also failed to get an order to compel the Federal Territory Islamic Religious Council (MAIWP) to accept her application to be a syarie lawyer.
Her counsel, Ranjit Singh, told reporters that his client would appeal against the decision.
High Court judge Datuk Rohana Yusuf earlier dismissed Martin's application for a judicial review.
She ruled that Rule 10 of the Syarie Lawyer Rules 1993, which provides the qualifications of a syarie lawyer, was made within the legislative power of MAIWP.
She said MAIWP had the power to make the rules, as provided under the Administration Of Islamic Law (Federal Territories) Act 1993.
"The admission of syarie lawyers is conditional upon rules to be made by the MAIWP, with the approval of the Yang di-Pertuan Agong," said Rohana. "The rules are to be made on the procedure, qualification and fees for the admission of syarie lawyers."
Rohana added the power to make rules on the qualification were wide enough to include the requirement that the person must be of the Muslim faith.
On Martin's contention that the requirement was in contravention of the Federal Constitution, Rohana said the requirement did not deprive her from being a lawyer.
Martin filed the application on May 19 last year.
In her affidavit, she said she had a law degree from the University of London and a Certificate of Legal Practice that entitled her to enrol as an advocate and solicitor.
She claimed that she had applied to be admitted as a syarie lawyer in Kuala Lumpur in February 2006. After three years, when there was no response, she re-applied.
Martin claimed that she was informed by a letter dated Sept 9, 2009, that her application was rejected and the sole reason given was that she was not a Muslim.
In her judicial review application, she also wanted the court to quash the decision by MAIWP to refuse to process her application.
MAIWP was represented by counsel Sulaiman Abdullah.
Rohana also dismissed MAIWP's objection which contended that the civil courts did not have the jurisdiction to decide on the matter.
She said MAIWP had the power to make the rules, as provided under the Administration Of Islamic Law (Federal Territories) Act 1993.
"The admission of syarie lawyers is conditional upon rules to be made by the MAIWP, with the approval of the Yang di-Pertuan Agong," said Rohana. "The rules are to be made on the procedure, qualification and fees for the admission of syarie lawyers."
Rohana added the power to make rules on the qualification were wide enough to include the requirement that the person must be of the Muslim faith.
On Martin's contention that the requirement was in contravention of the Federal Constitution, Rohana said the requirement did not deprive her from being a lawyer.
Martin filed the application on May 19 last year.
In her affidavit, she said she had a law degree from the University of London and a Certificate of Legal Practice that entitled her to enrol as an advocate and solicitor.
She claimed that she had applied to be admitted as a syarie lawyer in Kuala Lumpur in February 2006. After three years, when there was no response, she re-applied.
Martin claimed that she was informed by a letter dated Sept 9, 2009, that her application was rejected and the sole reason given was that she was not a Muslim.
In her judicial review application, she also wanted the court to quash the decision by MAIWP to refuse to process her application.
MAIWP was represented by counsel Sulaiman Abdullah.
Rohana also dismissed MAIWP's objection which contended that the civil courts did not have the jurisdiction to decide on the matter.
No comments:
Post a Comment