The Kuala Lumpur High Court will decide on March 4 whether a non-Muslim lawyer can practice as a syariah lawyer in the Federal Territory of Kuala Lumpur.

Judge Rohana Yusuf set the date in chambers today upon meeting parties in the judicial review application filed by Victoria Jayaseele Martin to challenge a decision that only Muslim lawyers are allowed to practise in the syariah courts of the Federal Territory.

Victoria's counsel Ranjit Singh told reporters that they had submitted written submissions, but the judge wanted the parties to submit further clarification over the word "qualification" to be a syariah lawyer under Section 59(2)(a) of the Administration of Islamic Law (Federal Territories) Act 1993.

He said the judge wanted clarification whether the word was wide enough to cover the issue of whether a syariah lawyer must be a Muslim or not.

Elaborating the matter, senior federal counsel Arik Sanusi Yeop Johari representing the Attorney-General's Chambers, which is also the respondent in the case, said the judge wanted them to submit whether the Federal Territory Islamic Religious Council under Section 59(2)(a) had the power to make Rule 10 of the Syariah Lawyer Rules 1993, mandating that only Muslims could be admitted as syariah lawyers.

The religious council's counsel Zulkifli Che Yong added that the judge had ordered the parties to submit the written submissions over the clarification under Section 59(2)(a) by March 1, before the judge could hear the arguments and make the decision on March 4.

On May 19 last year, Victoria, filed a judicial review application after the High Court had on May 14 last year, granted her leave application for a judicial review in her preliminary legal bid to be a syariah lawyer in the Federal Territory.

In her application, Victoria, 49, named the Federal Territory Islamic Religious Council as respondent.

She sought an order of certiorari to quash the council's decision, through the syariah lawyers committee, refusing her application to be admitted as a syariah lawyer.

Among others, Victoria wants a mandamus order to compel the religious council to accept her as a syariah lawyer.

She also 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.

This is the first test case in Kuala Lumpur of a non-Muslim lawyer being given leave to challenge the ruling that only Muslim lawyers are allowed to practise at the syariah courts here.

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

Victoria, who obtained a diploma in syariah law and practice from the International Islamic University Malaysia in 2004, had sought legal action at the civil court after her application for admission as a syariah lawyer was rejected by the council.

- Bernama