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Tuesday, 8 June 2010

Lawyer wants court to rule she can argue syariah cases

The Star By Lisa Goh

KUALA LUMPUR: Lawyer Victoria Jayaseelee Martin, who is challenging the Federal Territory Islamic Religious Council’s requirement that a syarie lawyer must be a Muslim, wants a court order to compel the council to receive her application to be admitted as a syarie lawyer.

In her judicial review application filed on May 19, Victoria is seeking a declaration on Rule 10 of the Peguam Syarie Rules 1993, which mandates that only Muslims be accepted as syarie lawyers beyond the powers of the Administration of Islamic Law (Federal Territories) Act.

She contended that the Rule was in contravention of provisions of the Federal Constitution on equality, personal liberty and right to form associations and was, therefore, void.

Victoria, a non-Muslim, is applying for an order to quash the decision of the council.

She named the council as the sole respondent in her application.

On May 14, Victoria was granted leave by the High Court to file her application.

However, according to her counsel Ranjit Singh yesterday, no date had been fixed for the hearing of the application.

In her statement, filed to support her leave application, Victoria said she was a holder of a Diploma in Syariah Law and Practice, conferred by the International Islamic University Malaysia in 2004, apart from a law degree from the University of London.

She claimed that the council, through the Syariah Lawyer Committee, had rejected her application to practise as a Syarie lawyer via a letter dated Sept 9 on the sole reason that she was not of the Muslim faith.

She contended that Section 59(1) of the Syariah Act provides that the council may admit any person having sufficient knowledge of Islamic law to practise as a syarie lawyer and appear before the Syariah Court.

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