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Contributed by the National
Young Lawyers Committee
 “Have more dialogue and conversations on inter-religious matters”
The Kedah/Perlis Bar elected a number of young lawyers to the State Committee at
its last AGM causing ripples of excitement among the younger fraternity. Among
them, Sulaiman was given the job of leading the Kedah/Perlis YLC. A graduate
from the International Islamic University, he has been in practice for almost 5
years. Ernie Suffiani Binti Salim spoke to him.
How does it feel to be elected for the first time into the Committee?
Honestly, I feel happy but that I am not the only one who was elected for the
first time. As a matter of fact, there are five of us. It shows that
Kedah/Perlis lawyers generally have confidence in young lawyers to be on and to
serve the Committee.
Were you surprised?
The fact that I was elected, yes. But for young lawyers to be elected into the
Committee, honestly, no. I did foresee this coming. I am of the view that this
is due to the initiatives followed by the hard work of the YLCs, at state and
national level, in convincing some quarters that young lawyers are capable of
serving the Bar Council and State Bars.
As Chair of the YLC, what are your plans?
My main objective is to see young lawyers in Kedah/Perlis unite and work
together as a team and contribute to society. I intend to form a few working
units to facilitate all programmes initiated by the Kedah/Perlis YLC. As for
plans in general, we will focus on community work and to ensure the continuing
legal education of young lawyers through various programmes.
What motivated you to be in this profession?
Initially, I thought of it in terms of dollars and cents, but I don’t think we
earn that much anyway now. I was wrong. It is my desire to uphold justice
without fear and favour that motivated me. Actually, an occasion changed my
initial view. I was doing legal aid during my chambering days in KL. It was a
routine visit to Sungai Buloh Prison. I did this interview with a remand
prisoner and what he said touched me. He said, “Abang, saya mengaku saya curi
tapi saya terpaksa sebab nak kasi makan mak dan adik-adik saya. Mak saya takda
duit upah lawyer. Kalau boleh abang tolong saya”. I did not know whether he
was telling the truth or not, maybe he lied to me but for me this was a classic
example of ordinary people perceiving that one needs money to engage the
services of lawyers. If you don’t have money, then things will get worse. Since
then I have decided to continue practice with a different mindset and
motivation.
Speaking about mindsets, are there any philosophies or ideologies which have
influenced you?
The Prophet Muhammad's Last Sermon. For me, the Sermon contains guidelines and
reminders to all of us. It also contains guidance and instructions on many
issues. It was delivered by the Prophet before he passed away. The following are
some pertinent points mentioned in the sermon:
“Return the goods entrusted to you to their rightful
owners. Hurt no one so that no one may hurt you. Remember that you will indeed
meet your Lord, and that He will indeed reckon your deeds.…
Beware of Satan for the safety of your religion. He has
lost all hope that he will ever be able to lead you astray in big things, so
beware of following him in small things.…
It is true that you have certain rights in regard to your
women, but they also have rights over you. Remember that you have taken them as
your wives, only under Allah's trust and with His permission. …Do treat you
women well and be kind to them, for they are your partners and committed
helpers.…
All mankind is from Adam and Eve, an Arab has no
superiority over a non-Arab nor a non-Arab has any superiority over an Arab;
also a white has no superiority over a black, nor does a black have any
superiority over a white - except by piety and good action. Learn that every
Muslim is a brother to every Muslim and that the Muslims constitute one
brotherhood. Nothing shall be legitimate to a Muslim, which belongs to a fellow
Muslim unless it was given freely and willingly. Do not therefore, do injustice
to yourselves.…”
Basically the sermon contains doctrines of trust,
accountability, religious, moral and financial obligations, and equality, not
superiority. I was attracted to these doctrines because for me they form the
very basic principles and foundation on how to lead one’s life in this world and
to benefit from them either in this world or in the hereafter.
How does it help you in your career as a lawyer?
It drives me to be a better lawyer, in all aspects. Being a lawyer, doctrines of
trust, accountability, morality, equality in gender and race are essential to
help guide one in many ways. It may be difficult to explain the spiritual side
of it but one is aware of the same. Obviously, the guidelines also help me
interact and treat people better.
But if you look around you today in this country where there is a dispute as
to whether we are an Islamic nation or not – surely there are many things which
give rise for concern today if the Prophet was alive and saw these things
happening? Can we say that as a nation we are truly “Islamic”?
Being a Muslim, I hope that the misconception of the
non-Muslims on the idea of an Islamic state can be changed or corrected. I wish
to see more efforts in the form of seminars, forums or dialogues be held by
relevant authorities and parties to discuss or clarify various issues and
disputes. Personally, I believe that most people are afraid of what they do not
know. Therefore these platforms for Muslims and non-Muslims to sit together,
exchange views and try to resolve any issues in a controlled atmosphere are very
important.
In your opinion, what are the contributions that a young lawyer can make to
the community?
A lot actually. I am of the view that the most important contribution that can
be given by young lawyers to the community is by creating legal awareness. The
contributions of young lawyers to the community should not be solely limited to
activities organised by the Bar but must also extend to the discharge of our
daily duties as lawyers. For instance, in defending an accused in court on a
criminal matter, I agree that we have to defend our clients to the best of our
ability in law, but I also believe that lawyers have the obligation to give
right and proper advice such as on admission by the client that he or she
committed the crime. Money should not be everything.
What are your personal views of the 46A(1)(a) repeal?
I agree. This discriminatory provision should have been erased from our statute
books long time ago. I believe that to bar a person from offering his or her
services purely based on seniority despite being able to deliver results is
discriminatory. It doesn’t mean that an ambitious smart young lawyer is less
capable than one with, say, eight years of experience. Having said that, I
believe the reason why it was put there by Parliament was to ensure that the
duly elected lawyers have enough experience to lead the Bar.
Do you think that the NYLC is still relevant after the repeal?
Very relevant indeed. Why? Allow me to refer to the 'Selesa Conclusions'. It speaks for itself.
Kudos to the NLYC for initiating the meeting which had resulted in the adoption
of the Vision therein. Selesa achieved something that had never been done before
- which was a solid plan to ensure the well-being of Malaysian young lawyers in
all aspects. It was a great effort and deserves support from all quarters. As
for now, I believe young lawyers know what the basic guiding principles are
which they can refer to and rely on.
Name three things that you would like to change.
Firstly, quest for material wealth. Lawyers have to change their mindsets. Money
is not everything. Secondly, selective condemnation. Recently there were
accusations thrown at the Bar Council or to be specific, certain members in the
Council. I support the freedom of expression but I do not agree that this
freedom should be misused by certain people. We also see the circulation of
‘surat layang’ or rumours being spread against certain people. We have to
distinguish what is right and what is wrong. Issues and disputes should and can
be resolved in proper forums and with good manners. Last but not least, the
invisible barriers of communication between ‘senior’ and ‘young’ lawyers should
be broken down. Either side can take the initiative to break the ice. A simple
greeting can be a start. The bottom line is there are many ways of doing this.
The right question is whether one wants to take the initiative or not. I will
leave this question to be answered by the parties concerned. Who’s to blame?
There is no point of pointing fingers but the most important thing is to resolve
this issue amicably.
What are the current issues you would like to see the Bar take on?
Human rights violations, corruption, arbitrary detention under the ISA, DDA and
EO, and abuse of power by the police specifically.
Any expectations of the profession after 10 years?
I hope to see an enlarged omnipresence of our profession as a medium or platform
to attain the highest standards in integrity and independence. Our profession
must remain a key institution in defending human rights and matters of public
interest, and to do so without fear or favour.
Other YL Personalities:
Nasdrul Umur Bin
Shamsulhuda
Elaine Daly
Devkumar
Kumaraendran
Sandesh Kabir
Singh
Edelina Sophia
Binti Sophian Pulle
Mohd Busyairy
Bin Che Muda
Wong Fook Meng
Fadiah Nadwa
Fikri
Lee Chooi Peng
Angeline Cheah
Yin Leng
Mishant a/l
Thiruchelvam
Shahrizal Bin
Mohd Zin
Rezalman B.
Bahran
Gavin Tang Cheng
Loong
Noreen Ahmad
Ariff
Nadia Ashikin
binti Maduarin
David Dinesh
Mathew
Nizam Bashir
Bin Abdul Kariem Bashir
Amer Hamzah
Bin Arshad
Ernie
Suffiani Binti Salim
Ahmad Syukri
Bin Yusoff
Dipendra
Harshad Rai
Soo Wee Loon
Tracy Hah
Aminuddin bin
Abdullah
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Circular No 297/2008
