Following a landmark judgment today, non-Muslim lawyers can practice in Syariah courts in the Federal Territory.

The Court of Appeal had ruled today 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 .

“If the intention is to prohibit non-Muslims from appearing in the Syariah Court, that should be expressly stated in the legislation,” said Justice Abu Samah Nordin at the Court of Appeal in Putrajaya.

Victoria Jayaseele Martin, 51, had filed a judicial review in May 2010, where she named the Federal Territory Islamic Religious Council (MAIWP) as the respondent.

Victoria possesses a diploma in syariah law and practice, from Universiti Islam Antarabangsa in 2004.

She sought a declaration that Rule 10 of the Syariah Lawyer Rules 1993, mandating that only Muslims could be admitted as syariah lawyers, had contravened Articles 8, 5 and 10 of the federal constitution.

Victoria also sought an order to quash MAIWP’s decision through the syariah lawyers committee refusing her application to practice.

She also wanted a mandamus order to compel the religious council to accept her as a syariah lawyer.

It was reported that the Kuala Lumpur High Court had dismissed her application  in 2011 when the judge ruled that Article 8 on equality is not absolute and this case comes within the exception.

Then it ruled that the faith of the person is a necessary requirement for the administration of Islamic law and Syariah law.

Non-Muslim loses bid to practise in Syariah courts

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