PUTRAJAYA: The Federal Court, in a landmark ruling on Thursday, has held that non-Muslim lawyers cannot be admitted to practise Syariah laws in the Federal Territory.

Allowing the appeal by the Federal Territories Religious Council (MAIWP), the apex court, chaired by Justice Raus Sharif, held by a majority of 3 to 2 that Rule 10 of the Federal Territories’ Syarie Lawyers Regulations 1993 which prescribed that only Muslims can be Syarie lawyers did not contravene Section 59(1) of the Administration of Islamic Law (Federal Territories) Act 1993.

“The majority decision was by myself, Justices Ahmad Maarop and Azahar Mohamed,” Raus said in a brief oral judgment.

Justices Suriyadi Halim Omar and Zaharah Ibrahim dissented.

However, all five judges took the view that Rule 10 did not contravene Articles 5, 8 and 10(1)(c) of the Federal Constitution.

“The Court of Appeal order is set aside and the High Court order restored,” Justice Raus declared. No order was made as to cost.

The appeal originated from an unsuccessful judicial review application taken out by Victoria Jayaseele Martin in the Kuala Lumpur High Court in 2009.

Prior to that Martin had in August 2009 applied to be admitted as a Syariah lawyer in the Federal Territories. Her application was rejected by the Syariah Lawyers Committee vide a letter dated 9 September 2009 on the ground that the main prerequisite for admission to practice Syariah law in the Federal Territories was that the applicant must be Muslim.

That decision was overturned by the Court of Appeal in 2013, with the appellate court declaring that Rule 10 was ultra vires the Administration of Islamic Law (Federal Territories) Act.

Martin holds a Diploma in Syariah Law and Practice from the International Islamic University, Malaysia (IIUM).