The Kuala Lumpur High Court’s (Appellate and Special Powers) division has dismissed an application by a non-Muslim lawyer to practise in the Syariah courts.

This follows Justice Rohana Yusof’s dismissal of Victoria Jayaseele Martin’s judicial review application to challenge the Federal Territory Islamic Religious Council decision in not allowing her application to practise in the Syariah court despite having the right legal qualification.

Rohana in her judgment said the implementation of a faith of a person as a requirement is necessary to ensure the effectiveness of legal representation and hence it is a necessary requirement for the administration of Islamic law and Syariah law.

She said the concept of equality under Article 8 of the federal constitution is not absolute and this case comes within this exception.

“On the argument that the rule (that a Syariah lawyer must be a Muslim) violates the right of equality, this is rather baseless as it is not depriving the applicant of her profession as an advocate and solicitor. I am guided by the Federal Court issue in coming to this conclusion.”

“On the contention that the rule is against Article 10, it is clear this case falls out of Article 10 as it deals with the right to form an association and the association can form the right rules in limiting association. The condition for admission has to be subjected to this rule. Based on all these reasons I hereby dismiss the application,” she said.

She ordered both parties to bear their own costs as this was a case of public interest.

Victoria’s application

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 wanted 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.

Victoria possesses a diploma in syariah law and practice from the International Islamic University in 2004.

She is represented by lawyer Ranjit Singh and Jaime Wong, while senior lawyer Sulaiman Abdullah appeared for the council.