Federal court to decide if non-Muslims can practise Islamic law

The Malaysian Insider
by V. ANBALAGAN

The Federal Court will decide whether non-Muslim lawyers can be Shariah lawyers in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan.

This follows the decision of the apex court today to grant leave to Putrajaya's application to appeal against the Court of Appeal's ruling six months ago which stated that non-Muslim lawyers are eligible to practise the Islamic law.

Today, the leave application was allowed without contest by the five-man bench chaired by Tan Sri Raus Sharif as the single question framed by Putrajaya fulfilled the criteria under the Courts of Judicature Act 1964.

 

The question that will be dealt with is whether rule 10 of the Rules of the Shariah Lawyers 1993 mandating that only Muslims can be admitted is ultra vires the Administration of Islamic Law (Federal Territories) Act 1993.

Any appeal before the apex court must be a novel question of law raised for the first time which would be of public importance.

The appeal could be heard within the next six months.

In a landmark ruling, a  three-man appellate court on June 21 unanimously ruled that non-Muslim lawyers are eligible to practise the Islamic law in the Federal Territories.

Datuk Wira Abu Samah Nordin, who led the bench then, had said that the Federal Territories Religious Council's refusal to process an application of a non-Muslim lawyer was an act that exceeded their legal powers.

Abu Samah said Section 59 (1) of the Administration of Islamic Law (Federal Territories) Act 1993 clearly stated that "any person" with sufficient knowledge in Islamic law may be appointed a Shariah law practitioner.

Section 59 (2) gives the power to the council to make rules with regard to the qualification of Shariah law practitioners.

"If the intention is to prohibit non-Muslims from appearing in a Shariah court, it should be expressly stated in the legislation," he had said in allowing an appeal by lawyer Victoria Jayaseele Martin.

However, the council only processed the applications of Muslim lawyers.

Abu Samah said Victoria's application to appear in the religious court was not given due process by the council.

Victoria, represented by Ranjit Singh, filed a judicial review application in 2010 and sought a certiorari order to compel the council to allow her to practise as a Shariah lawyer in the Federal Territory of Kuala Lumpur.

She also wanted the court to issue a declaration that rule 10, which allows only Muslims to be accepted as Shariah lawyers, is against the Federal Constitution.

The High Court dismissed her application in 2011.

Despite her victory in the Court of Appeal, Victoria could not appear in the Shariah court as the council had been given a stay from processing her application. – January 28, 2014.