Non-Muslims and the Syariah Court
- 9 years ago
On May 19, 2010 Victoria Jayaseele Martin applied for a judicial review after the High Court had on May 14, granted her leave application for a judicial review in her preliminary legal bid to be a syariah lawyer in the Federal Territory.
On Mar 17, 2011, the Kuala Lumpur High Court's (Appellate and Special Powers) division dismissed her application to practise in the Syariah courts.
But on Jun 21, 2013, in a landmark judgment, the Court of Appeal decided that non-Muslim lawyers can practice in Syariah courts in the Federal Territory.
The Court of Appeal had ruled that the law governing the appointment of Syarie lawyers does not specifically say that those who want to practice must be Muslims, as reported in The Star.
The respondents, the Federal Territory Islamic Religious Council (MAIWP) has turned to the Federal Court to appeal the decision by the Court of Appeal.
We speak to Musa Awang, President of the Persatuan Peguam Syarie Malaysia (Shariah Lawyers Association of Malaysia) for a legal perspective and independent preacher (pendakwah bebas), Ustaz Wan Ji Wan Husin for the religious perspective.
On Mar 17, 2011, the Kuala Lumpur High Court's (Appellate and Special Powers) division dismissed her application to practise in the Syariah courts.
But on Jun 21, 2013, in a landmark judgment, the Court of Appeal decided that non-Muslim lawyers can practice in Syariah courts in the Federal Territory.
The Court of Appeal had ruled that the law governing the appointment of Syarie lawyers does not specifically say that those who want to practice must be Muslims, as reported in The Star.
The respondents, the Federal Territory Islamic Religious Council (MAIWP) has turned to the Federal Court to appeal the decision by the Court of Appeal.
We speak to Musa Awang, President of the Persatuan Peguam Syarie Malaysia (Shariah Lawyers Association of Malaysia) for a legal perspective and independent preacher (pendakwah bebas), Ustaz Wan Ji Wan Husin for the religious perspective.