Victoria Jayaseelee Martin today won a preliminary court battle after she obtained leave from the Kuala Lumpur High Court to compel the Federal Territory Islamic Religious Council to allow her to practise syariah law.

This is a first test case where a non-Muslim lawyer, who has a diploma in syariah Law and Practice, is applying for a judicial review to be syariah lawyer in Kuala Lumpur.

 In her application, filed last year, she is seeking a declaration that part of a Peguam Syarie Principles 1993, mandating only Muslims can be admitted as a Syariah lawyer is ultra vires the Administration of Islamic Law (Federal Territories) Act 1993.

She is also seeking a declaration that part of the requirement is in contravention of Article 8, Article 5 and Article 10 of the Federal Constitution, and hence shold be declared void.

Article 8 is on the equal rights of a person, while Article 5 and 10 concern the liberty of a person and freedom of association respectively.

Victoria also wants to quash the council's action in refusing to process her application to be admitted as a Syariah lawyer.

She is also seeking an order of mandamus to compel the council to receive and process her application to be a Syariah lawyer despite being a non-Muslim.

The preliminary objections concern jurisdiction that allows only the Syariah court to hear the application.

However, Justice Zawawi concurred with the submission of Victoria's lawyer that it would be a futile exercise, as Syariah only governs Muslims.

NONE Justice Zawawi Salleh allowed leave  for the case to be heard and dismissed a preliminary objection brought by the FT Islamic Council.

Victoria ( far right ), who obtained her qualification in 2004 from the International Islamic University (IIU) said she wanted to be a syariah lawyer in the interest of justice.

In the Federal Territory of Kuala Lumpur, a key requirement for a syariah lawyer is that one has to be a Muslim.

Other states have allowed non-Muslims to be syariah lawyers.

Selangor has, however, recently withdrawn the requirement, and now only Muslims can be allowed to practise in the syariah courts in the state.

 In Victoria's supporting affidavit, she claimed that she had submitted her application to be a Syariah lawyer and received a letter dated April 6, 2006 that her application was being processed.

She claims that three years had passed without response and had reapplied on August 24, 2009.

On Sept 9, last year, she received a letter rejecting her application, citing a primary condition that the applicant must be Muslim.

 Victoria claims that according to section 59(1) of the Syariah Act the council may admit any person having sufficient knowledge of Islamic law to be a Syariah lawyer, representing clients in court proceedings.

Since she has the necessary qualifications, she claimed that the Peguam Syarie Principles were ultra vires the Syariah Act and the council's refusal to process her application and rejecting it because she was not a Muslim were illegal acts.

Victoria claimed the Peguam Syarie Principles violate her fundamental liberties enshrined in the constitution, such as freedom of association, and freedom to profess the religion of her choice.

She also contended the prohibition against non-Muslims was a violation of her fundamental rights where equal rights were concerned which are also guarenteed by the constitution.

Victoria pointed out that possession of the diploma was proof she has sufficient knowledge of Islamic law. 

Furthermore, she said Syariah Courts can have direct impact on non-Muslims and Muslims, who have renounced their faith, it is only right that they have recourse to a counsel of their choice, Muslim or non-Muslim notwithstanding.

She contended that the constitution does not allow prohibiting non-Muslims from practising at Syariah Courts.

Following her success in obtaining leave today, Victoria's counsel will have to submit her full application to the High Court for it to fix a date for the hearing.

 Victoria is represented by counsel Ranjit Singh, while senior federal counsel Nadia Hanim Mohd Tajuddin appeared for the Attorney-General's Chambers.