The Malaysian Bar - YL Personality: Sulaiman Bin Abu Bakar

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YL Personality: Sulaiman Bin Abu Bakar

Thursday, 26 July 2007 08:11am

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.