Muslim lawyers association unhappy over court's decision to allow non-Muslim lawyers to practice Syariah law.
PETALING JAYA: The Court of Appeal’s landmark decision to allow non-Muslim lawyers to practice Syariah law has led to discontent among Muslim lawyers.
Musa Awang, the president of Malaysian Syariah Lawyers Association, foresees the case being taken to the Federal Court and reiterated his group’s stand that only Muslims can practice Syariah law.
“Our stand from the start is that non-Muslims cannot practice Syariah law as the Syariah court is for Muslims,” Musa told FMT.
He said that if a non-Muslim lawyer were to appear in a Syariah court and ordered to perform a court duty by the presiding judge, he or she (the lawyer) would not be obliged to follow orders.
“This is because you cannot enforce a non-Muslim under the Syariah court,” said Musa.
“It is for this reason we are against the idea… not because of religion, or human rights, or race,” he added.
However, he said the decision by Justice Abu Samah Nordin was accepted by all Syarie lawyers as the law governing the appointment of Syarie lawyers does not specify that applicants must be Muslim.
“So there remains a need to clarify or amend the law as the words used is now open to interpretation,” said Musa.
Not practical
Well-known Syarie lawyer Muhammad Burok mirrored Musa’s sentiments, and predicted that Victoria Jayaseelan Martin’s attempt to become a Syarie lawyer will be taken to the Federal court.
“Of course we accept the decision now, but there is still room to appeal. But if the Federal Court upholds the decision, then we have to follow,” he said.
Burok then claimed that the majority of Syarie lawyers and the Muslim public believed that the Syariah court was reserved for individuals of the Islamic faith.
Lawyer Faisal Moideen who reiterated that there was “nothing wrong” with the Court of Appeal’s decision, however, described the practice as “not practical”.
“It is odd because non-Muslim lawyers are now representing clients on cases that are related to Muslim affairs,” he said.
“Personally, I have no problem with it but it is not practical. I doubt it is something beneficial even for the lawyers themselves,” he added.
Asked to elaborate, Faisal said it boiled down to “how much appreciation of issues and how much Islamic jurisprudence is appreciated”.
“You may have the degree or diploma, but lack customs and practice,” he said.
“Having said that, looking at it strictly from a legal point of view… there is nothing wrong. But if being Muslim is something that is required, then they should amend the law,” he said.
“The law is an obvious reflection of the will of the people.”
SIS lauds decision
However, Sisters in Islam lauded Justice Abu Samah’s decision, saying: “When it comes to matters of justice, why should faith be an obstacle?”
“After all, it’s not as if non-Muslim lawyers are coming in from a position of ignorance, but are legally qualified, from our own universities,” programme manager Suri Kempe told FMT.
“When it comes to Syariah-compliant banking, non-Muslims are allowed to provide this service. A lawyer is also doing the same when representing his/her client,” she said.
“At the crux of it is the issue of providing people access to legal representation which is a cornerstone of justice.”
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/06/25/syariah-court-for-muslim-lawyers-only/#sthash.IYmGub5K.dpuf
PETALING JAYA: The Court of Appeal’s landmark decision to allow non-Muslim lawyers to practice Syariah law has led to discontent among Muslim lawyers.Musa Awang, the president of Malaysian Syariah Lawyers Association, foresees the case being taken to the Federal Court and reiterated his group’s stand that only Muslims can practice Syariah law.
“Our stand from the start is that non-Muslims cannot practice Syariah law as the Syariah court is for Muslims,” Musa told FMT.
He said that if a non-Muslim lawyer were to appear in a Syariah court and ordered to perform a court duty by the presiding judge, he or she (the lawyer) would not be obliged to follow orders.
“This is because you cannot enforce a non-Muslim under the Syariah court,” said Musa.
“It is for this reason we are against the idea… not because of religion, or human rights, or race,” he added.
However, he said the decision by Justice Abu Samah Nordin was accepted by all Syarie lawyers as the law governing the appointment of Syarie lawyers does not specify that applicants must be Muslim.
“So there remains a need to clarify or amend the law as the words used is now open to interpretation,” said Musa.
Not practical
Well-known Syarie lawyer Muhammad Burok mirrored Musa’s sentiments, and predicted that Victoria Jayaseelan Martin’s attempt to become a Syarie lawyer will be taken to the Federal court.
“Of course we accept the decision now, but there is still room to appeal. But if the Federal Court upholds the decision, then we have to follow,” he said.
Burok then claimed that the majority of Syarie lawyers and the Muslim public believed that the Syariah court was reserved for individuals of the Islamic faith.
Lawyer Faisal Moideen who reiterated that there was “nothing wrong” with the Court of Appeal’s decision, however, described the practice as “not practical”.
“It is odd because non-Muslim lawyers are now representing clients on cases that are related to Muslim affairs,” he said.
“Personally, I have no problem with it but it is not practical. I doubt it is something beneficial even for the lawyers themselves,” he added.
Asked to elaborate, Faisal said it boiled down to “how much appreciation of issues and how much Islamic jurisprudence is appreciated”.
“You may have the degree or diploma, but lack customs and practice,” he said.
“Having said that, looking at it strictly from a legal point of view… there is nothing wrong. But if being Muslim is something that is required, then they should amend the law,” he said.
“The law is an obvious reflection of the will of the people.”
SIS lauds decision
However, Sisters in Islam lauded Justice Abu Samah’s decision, saying: “When it comes to matters of justice, why should faith be an obstacle?”
“After all, it’s not as if non-Muslim lawyers are coming in from a position of ignorance, but are legally qualified, from our own universities,” programme manager Suri Kempe told FMT.
“When it comes to Syariah-compliant banking, non-Muslims are allowed to provide this service. A lawyer is also doing the same when representing his/her client,” she said.
“At the crux of it is the issue of providing people access to legal representation which is a cornerstone of justice.”
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/06/25/syariah-court-for-muslim-lawyers-only/#sthash.IYmGub5K.dpuf
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