The Federal Court will hear an appeal whether non-Muslim lawyers can appear in shariah courts in the Federal Territories, after a delay of more than a year.Chief Justice Tun Arifin Zakaria will lead a five-man bench to hear the appeal on May 14 against the Court of Appeal's ruling in June 2013 which stated that non-Muslim lawyers were eligible to practice as shariah lawyers.The bench also included another question to be argued and it was whether Rule 10 of the Rules of the Shariah Lawyers 1993 were against Articles 5, 8 and 10 of the Federal Constitution.The Federal Court on January 28 last year allowed without contest one single question as to whether Rule 10 which stipulated that only Muslims could be admitted as shariah lawyers was beyond the authority of the Administration of Islamic Law (Federal Territories) Act 1993.Any appeal before the apex court must be a novel question raised for the first time which would be of public importance.The appeal could not be heard since then as Datuk Sulaiman Abdullah, the lawyer for the Federal Territories Islamic Religious Council (MAIWP), was on medical leave.Sulaiman was present today to represent his client.Lawyer Ranjit Singh, who is appearing for respondent Victoria Jayaseele Martin, said the bench was of the opinion that it was better for the subject to also be tested against the constitution.In a landmark ruling, a three-man appellate court on June 21, 2013, unanimously ruled that non-Muslims were eligible to practice as shariah lawyers in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan.Datuk Wira Abu Samah Nordin, who led the bench then, said that the Federal Territories Religious Council's refusal to process an application of a non-Muslim lawyer was an act that exceeded their legal powers.Samah said Section 59 (1) of the Administration of Islamic Law (Federal Territories) Act 1993 clearly stated that "any person" with sufficient knowledge in Islamic law may be appointed as shariah lawyer.
Section 59 (2) gives the power to the council to make rules about the qualification of shariah lawyers."If the intention is to prohibit non-Muslims from appearing in a shariah court, it should be expressly stated in the legislation," he said in allowing an appeal by lawyer Victoria.But, the council only processed the applications of Muslim lawyers.Samah said Victoria's application to appear in the religious court was not given due process by the council.Victoria filed a judicial review application in 2010 and sought a certiorari order to compel the council to allow her to practise as a shariah lawyer in Kuala Lumpur.She also wanted the court to issue a declaration that Rule 10, which allows only Muslims to be accepted as shariah lawyers, is against the Federal Constitution.The High Court dismissed her application in 2011.Despite her victory in the Court of Appeal, Victoria could not appear in the shariah court as the council gave a stay from processing her application. – February 4, 2015.
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