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Wednesday 23 February 2011

Decision on non-Muslims as Syarie lawyers set for March 4

The Star
KUALA LUMPUR: The High Court has set March 4 to decide on a test case whether a non-Muslim counsel can practise as a Syarie lawyer.

Justice Rohana Yusuf will also make a ruling on an application by the Federal Territory Islamic Religious Council to strike out the judicial review case by non-Muslim counsel Victoria Jayaseelee Martin on grounds that the civil court had no jurisdiction to hear the matter.

Speaking to reporters yesterday, the council’s lawyer Zulkifli Che Yong said the judge wants the parties to submit over the matter as Section 59 (2)(a) of Administration of Islamic Law (Federal Territories) Act has stated that the council has the right to make rules for the admission of Syarie lawyers.

Victoria’s lawyer Ranjit Singh said “the judge wants to know whether the word ‘qualification’ is wide enough to cover the issue of whether a Syarie lawyer must be a Muslim or not.”

Senior Federal Counsel Arik Sanusi Yeop Johari, who represented the Attorney-General’s Chambers, said the judge wanted to determine whether the council has the power under Section 59 to make Rule 10 of the Peguam Syarie Rules that says only Muslims can be Syariah counsels.

In her judicial review application filed on May 19, Victoria is seeking a declaration that Rule 10 is beyond the powers of the Administration of Islamic Law (Federal Territories) Act 1993.

In her affidavit, Victoria, 49, said she applied to be admitted as a Syarie lawyer in Kuala Lumpur in February, 2006.

In a statement filed to support her application, Victoria said she has a Diploma in Syariah Law and Practice from the International Islamic University Malaysia, in addition to a University of London law degree.

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