Sabah PAS demands that the state government quickly legislate rules and regulations relating to admission and ethics of syarie’ lawyers in syariah courts in Sabah. This is in view of a recent admission of a syarie’ lawyer from peninsula Malaysia at the Sabah Syariah High Court in January this year.

I was informed last week by a senior syarie’ lawyer that in a syariah case that he was handling, a syarie’ lawyer based in peninsula Malaysia had been admitted by the Sabah Syariah High Court to appear in that particular case without his knowledge. He only knew about the admission when the case was mentioned in court on Jan 15, 2015. His legal firm was never informed about the application for that admission by the opposing counsel or the court.

He was also surprised to receive a letter from the legal firm of that peninsula Malaysia lawyer regarding the syariah case as if that firm was acting for the party in the case.

I checked with the Sabah Muslim Lawyers Association and the Sabah Women Muslim Lawyers whether they were informed about the admission application to admit that particular lawyer. Both societies stated that they were never informed about it by the counsel that made the application nor the syariah court. I trust the state attorney-general’s office also doesn’t know about it.

Thus, I urge the state government to legislate rules and regulations relating to admission of syarie’ lawyers in syariah courts in Sabah on immediate basis. If not, the same incident will reoccur and this will gradually open the door for lawyers from peninsula Malaysia to practice in Sabah. There must be restrictions imposed on admission of syarie’ lawyers from peninsula Malaysia to Sabah.

This issue does not arise in civil courts because of the Advocates Ordinance (Sabah Cap. 2). The applying counsel, too, must serve the application to the Sabah Law Association and the state attorney general’s office. There is also a formal hearing in open court. In that hearing, the High Court will scrutinise the merit of the application. The Sabah Law Association and the state attorney-general’ office have the right to object to it.

Until now, all states in Malaysia have rules and regulations relating to admission of syarie’ lawyers in syariah court except Sabah. In Sabah, the admission of a syarie’ lawyer at the syariah court is based totally on the discretion of the Sabah Syariah High Court or the Sabah Syariah Chief Judge. This is another reason for the rules and regulation to be legislated fast.

I hope the state government could please view this matter seriously.

 

HAMID ISMAIL is Sabah PAS deputy commissioner III.