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Saturday, 22 June 2013

'Non-Muslim syarie lawyer opens floodgates to woes'

The landmark judgment yesterday to allow non-Muslim lawyers to practice in syariah courts in the Federal Territory will “open the floodgates” to a host of other problems related to positions in Islamic authorities, said a group of Muslim lawyers.

NONEThe Persatuan Peguam-Peguam Muslim Malaysia (PPMM) said the Court of Appeal ruling on the Victoria Jayaseele Martin (right) case was "disappointing" as it opens a Pandora’s box.
“(The ruling may) open the floodgates to other problems because in many sections (of the law) there is actually no mention specifically that (certain positions) must be filled by Muslims”.

Citing a number of sections in the Administration of Islamic Law (Federal Territories) Act 1993, they said, “In all the sections (cited) the laws are not stated specifically in Islamic terms."
"Therefore the question arises whether the Federal Territories Islamic Council (MAIWP) can limit the appointments (in those sections) only to Muslims," said PPMM president Zainul Rijal Abu Bakar in a statement today.
He cited such possible areas of conflict as:
  • Section 32: On the appointment of mufti and deputy mufti
  • Section 37: Appointment of Islamic law legislation committee
  • Section 41: Appointment of Syariah Court chief judge
  • Section 42: Appointment of Syariah Appeals Court judge
  • Section 43: Appointment of Syariah High Court judge
  • Section 44: Appointment of Syariah Subordinate Court judge
  • Section 45: Appointment of Syariah Court registrar
  • Section 76: Appointment of mosque heads
  • Section 96: Appointment of religious education oversight committee

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