The Malaysian Bar believes that permitting non–Muslim lawyers to practise in the Syariah courts will promote greater awareness of, and insight into, the religion of Islam. Further, it would also play a role in reducing conflicts between the Syariah and civil law systems in our dual legal structure, and contribute towards a better understanding of the common values among the various faiths.
The Federal Constitution, which provides for and establishes the Syariah legal system, does not contain any qualification on the religious beliefs of Syariah law practitioners. Furthermore, the Federal Constitution prohibits discrimination against citizens on the ground only of religion.
The requirement that only Muslims can practise in the Syariah courts is not provided for in the Administration of Islamic Law (Federal Territories) Act 1993. Subsidiary legislation, such as the Peguam Syarie Rules 1993 (Federal Territories), used to justify barring non–Muslim lawyers from practising in the Syariah courts, cannot supersede constitutional rights.
It must be noted that, as a first step, a lawyer must be admitted as a Syarie practitioner. Beyond that, however, the practitioner must be knowledgeable and competent in the applicable laws in order to gain the confidence of clients and to represent them effectively.
We urge for the spirit of openness: to accept and embrace diversity, and to encourage people of other faiths to learn about Syariah laws. Permitting all lawyers to practise in the Syariah courts will reduce any misgivings or fears about the Syariah legal system, and will uphold a party’s right to be defended by a legal practitioner of one’s own choosing.
It must be noted that, as a first step, a lawyer must be admitted as a Syarie practitioner. Beyond that, however, the practitioner must be knowledgeable and competent in the applicable laws in order to gain the confidence of clients and to represent them effectively.
We urge for the spirit of openness: to accept and embrace diversity, and to encourage people of other faiths to learn about Syariah laws. Permitting all lawyers to practise in the Syariah courts will reduce any misgivings or fears about the Syariah legal system, and will uphold a party’s right to be defended by a legal practitioner of one’s own choosing.
President
Malaysian Bar
17 June 2010