Who qualifies as a syariah lawyer?
Can a non-Muslim practise in the syariah courts? Is there anything in civil or Islamic law that prevents this? If so, what are the principles governing this restriction and are they constitutional?
By Ding Jo-Ann, The Nut Graph
LAWYER Victoria Jayaseelee Martin made headlines in mid May with her quest to be admitted as a syariah lawyer in the Federal Territory. The Federal Territory Islamic Religious Council had refused admission to Martin because she was not a Muslim. On 14 May 2010, she was granted leave to have the council’s decision reviewed by the High Court.
Martin’s case raises interesting questions. Can a non-Muslim practise in the syariah courts? Is there anything in civil or Islamic law that prevents this? If so, what are the principles governing this restriction and are they constitutional?
Applying syariah law
Syariah lawyer Saadiah Din says there is no basis for restricting non-Muslim lawyers from practising in the syariah court, pointing out that non-Muslims practise in the Singapore syariah courts.
“Islam doesn’t prohibit non-Muslims from appearing in the syariah court,” she tells The Nut Graph.
“The syariah court is a court of law. It applies Islamic law, which is universal. If non-Muslim lawyers can submit to the syariah court’s jurisdiction and argue based on Islamic principles, there should be no problems in them practising syariah law,” she says.
She adds that many family law provisions under syariah law are in fact similar to those in civil law because the underlying principles are universal. For example, in a custody case in either a civil or syariah court, a child’s welfare would be paramount, she says.
Lawyer Haris Ibrahim agrees, saying: “The syariah court practices syariah law. It is not dependent on faith.” he says.
