“This is a job based on the concept of Islamic belief in Allah.
“One of the important criteria which makes an upright and virtuous ‘peguam syarie’ (syarie lawyer) is for him or her to have aqidah (faith) in believing with certainty , heart and soul, in Allah and His laws,” said Court of Appeal President Raus Sharif in his judgment.
Raus emphasised that to carry out the duties of the law in the Shariah Court, a syarie lawyer must be chosen from among Muslims. “In that way, they can perform their litigation work with full conviction and belief.”
“Further, having a Peguam Syarie who is Muslim is important to achieve the objective of the Act,” he said, referring to the Administration of Islamic Law (Federal Territories) Act.
The Federal Court, in a split 3-2 ruling today, overturned a Court of Appeal ruling that a non-Muslim can practise as a syarie lawyer in the Shariah Courts throughout the Federal Territories.
On lawyer Victoria Jayaseele Martin’s bid to be a syarie lawyer, Raus questioned whether she as a non-Muslim could uphold justice according to shariah law.
“Her faith is surely in conflict with the Muslim ‘aqidah’.
“In that sense, how is she going to fulfil the duty to assist the Shariah Courts in upholding shariah laws?”
Raus pointed out in his majority judgment that the Shariah Court has jurisdiction only over Muslims.
“The Islamic court must be able to enforce its laws and rules on a shariah practitioner if there is any contempt or breach.
“In the case of Victoria, she cannot be subject to the laws and rules. The Shariah Court has no jurisdiction over her.”
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