Nod for appeal over non-Muslim syariah lawyers
BernamaPublished: Jan 28, 2014 2:00 PM | Updated: Jan 28, 2014 2:07 PM
The Federal Court today gave the go-ahead to the Federal Territories Islamic Religious Council (MAIWP) and the Attorney-General’s Chambers (AGC) to appeal against a Court of Appeal decision allowing non-Muslim lawyers to serve as syariah lawyers in the syariah courts of the Federal Territories.
Court of Appeal President Md Raus Sharif, chairing a five-member panel, allowed the application
The Federal Court today gave the go-ahead to the Federal Territories Islamic Religious Council (MAIWP) and the Attorney-General’s Chambers (AGC) to appeal against a Court of Appeal decision allowing non-Muslim lawyers to serve as syariah lawyers in the syariah courts of the Federal Territories.
Court of Appeal President Md Raus Sharif, chairing a five-member panel, allowed the application brought by MAIWP and the AGC for leave to proceed with their appeal to the Federal Court against the Court of Appeal decision.
Lawyer Ranjit Singh, representing lawyer Victoria Jayaseele Martin who is seeking to be admitted as a Syariah lawyer, consented to the leave to appeal application.
Following this decision, the Federal Court will hear the appeal and decide on a date, yet to be fixed, whether non-Muslim lawyers can serve as syariah lawyers in the Federal Territories.
Justice Raus had allowed the application on one legal question to be determined by the Federal Court.
The question of law is “whether Rule 10 of the Rules of the Syariah Lawyers 1993 mandating that only Muslims can be admitted as syariah lawyers is ultra vires the Administration of Islamic Law (Federal Territories) Act 1993.”
MAIWP and AGC now have 14 days to file their notice of appeal.
Under the Courts of Judicature Act 1964, an applicant must first obtain leave from the Federal Court in order to bring an appeal to the apex court.
In today’s proceedings, Ranjit Singh as well as Sulaiman Abdullah, who represented MAIWP, informed the court that they agreed to have one legal question, which was posed by the AGC, to be determined by the Federal Court.
Landmark decision
On June 21, 2013, a Court of Appeal three-member panel delivered a landmark decision that non-Muslim lawyers were eligible to practice as syariah lawyers in the syariah courts of the Federal Territories.
The Court of Appeal, which was led by then-Court of Appeal judge Abu Samah Nordin (now Federal Court judge), declared Rule 10 of the Rules of the Syariah Lawyers 1993 mandating that only Muslims can be admitted as syariah lawyers is ultra vires the Administration of Islamic Law (Federal Territories) Act.
Victoria, 51, who obtained a Diploma in Syariah Laws and Practice from Universiti Islam Antarabangsa, Malaysia (UIA) in 2004, filed a judicial review application in 2009 stating that by a letter dated Aug 24, 2009, she applied to be admitted as a syariah lawyer in the Federal Territories.
She said her application was rejected by the Syariah Lawyers Committee which informed her via a letter dated Sept 9, 2009, that her application could not be processed because the main requisite under the Rules of Syariah Lawyers states that for a person to apply and practice as a syariah lawyer in the Federal Territories, the applicant must be a Muslim.
She lost in her judicial review application at the High Court which held that MAIWP had powers under the law to set conditions for admitting syariah lawyers.
Victoria, who is a Christian, subsequently appealed to the Court of Appeal, which ruled in her favour.
- Bernama
Court of Appeal President Md Raus Sharif, chairing a five-member panel, allowed the application brought by MAIWP and the AGC for leave to proceed with their appeal to the Federal Court against the Court of Appeal decision.
Lawyer Ranjit Singh, representing lawyer Victoria Jayaseele Martin who is seeking to be admitted as a Syariah lawyer, consented to the leave to appeal application.
Following this decision, the Federal Court will hear the appeal and decide on a date, yet to be fixed, whether non-Muslim lawyers can serve as syariah lawyers in the Federal Territories.
Justice Raus had allowed the application on one legal question to be determined by the Federal Court.
The question of law is “whether Rule 10 of the Rules of the Syariah Lawyers 1993 mandating that only Muslims can be admitted as syariah lawyers is ultra vires the Administration of Islamic Law (Federal Territories) Act 1993.”
MAIWP and AGC now have 14 days to file their notice of appeal.
Under the Courts of Judicature Act 1964, an applicant must first obtain leave from the Federal Court in order to bring an appeal to the apex court.
In today’s proceedings, Ranjit Singh as well as Sulaiman Abdullah, who represented MAIWP, informed the court that they agreed to have one legal question, which was posed by the AGC, to be determined by the Federal Court.
Landmark decision
On June 21, 2013, a Court of Appeal three-member panel delivered a landmark decision that non-Muslim lawyers were eligible to practice as syariah lawyers in the syariah courts of the Federal Territories.
The Court of Appeal, which was led by then-Court of Appeal judge Abu Samah Nordin (now Federal Court judge), declared Rule 10 of the Rules of the Syariah Lawyers 1993 mandating that only Muslims can be admitted as syariah lawyers is ultra vires the Administration of Islamic Law (Federal Territories) Act.
Victoria, 51, who obtained a Diploma in Syariah Laws and Practice from Universiti Islam Antarabangsa, Malaysia (UIA) in 2004, filed a judicial review application in 2009 stating that by a letter dated Aug 24, 2009, she applied to be admitted as a syariah lawyer in the Federal Territories.
She said her application was rejected by the Syariah Lawyers Committee which informed her via a letter dated Sept 9, 2009, that her application could not be processed because the main requisite under the Rules of Syariah Lawyers states that for a person to apply and practice as a syariah lawyer in the Federal Territories, the applicant must be a Muslim.
She lost in her judicial review application at the High Court which held that MAIWP had powers under the law to set conditions for admitting syariah lawyers.
Victoria, who is a Christian, subsequently appealed to the Court of Appeal, which ruled in her favour.
- Bernama
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