Malay Mail
by Reena Raj
“It is a matter of jurisdiction and should be heard at the Syariah court,” he said.
On May 14, Victoria Jayaseelee Martin had succeeded in her application to get the High Court to hear her case to compel MAIWP to admit her as a syarie lawyer.
Before that, on May 13, Mohd Zawawi had allowed Martin’s application after dismissing preliminary objections raised by the Attorney-General’s Chambers through senior federal counsel Nadia Hanim Mohd Tajuddin.
In the judicial review documents filed on Aug 3, among the grounds stated by MAIWP were that the civil court does not have the jurisdiction as the issue is under the provisions of Islamic law and therefore it has to be brought to the Syariah court.
The matter concerns the interpretation and validity under Section 59 of the administration of Islamic law 1993 and Rule 10 in the Syariah lawyers 1993 PU (A) 408/93 which mandates that only a Muslim can be accepted in as a syarie lawyer.
by Reena Raj
KUALA LUMPUR: The Federal Territory Islamic Religious Council (MAIWP) has applied to strike out a test case where a non-Muslim counsel is challenging the requirement that a syarie lawyer in Kuala Lumpur must be a Muslim.
The case was mentioned in chambers in front of High Court udge Datuk Mohd Zawawi Salleh this morning. He set Sept 20 for the case management.
After the hearing, MAIWP's counsel Azmi Mohd Rais told reporters that the admission for a syarie lawyer in Kuala Lumpur as well as the procedures, should be determined by the Syariah court.
The case was mentioned in chambers in front of High Court udge Datuk Mohd Zawawi Salleh this morning. He set Sept 20 for the case management.
After the hearing, MAIWP's counsel Azmi Mohd Rais told reporters that the admission for a syarie lawyer in Kuala Lumpur as well as the procedures, should be determined by the Syariah court.
“It is a matter of jurisdiction and should be heard at the Syariah court,” he said.
On May 14, Victoria Jayaseelee Martin had succeeded in her application to get the High Court to hear her case to compel MAIWP to admit her as a syarie lawyer.
Before that, on May 13, Mohd Zawawi had allowed Martin’s application after dismissing preliminary objections raised by the Attorney-General’s Chambers through senior federal counsel Nadia Hanim Mohd Tajuddin.
In the judicial review documents filed on Aug 3, among the grounds stated by MAIWP were that the civil court does not have the jurisdiction as the issue is under the provisions of Islamic law and therefore it has to be brought to the Syariah court.
The matter concerns the interpretation and validity under Section 59 of the administration of Islamic law 1993 and Rule 10 in the Syariah lawyers 1993 PU (A) 408/93 which mandates that only a Muslim can be accepted in as a syarie lawyer.
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