KUALA LUMPUR, March 17 — The High Court here today dismissed a judicial review application by a non-Muslim to be allowed to practise as a syariah laywer.
Judge Datuk Rohana Yusuf, in dismissing Victoria Jayaseele Martin’s application filed on May 19 last year in challenging the Federal Territory Islamic Religious Council’s (MAIWP) decision in not allowing her to become a syariah lawyer, said the council had powers under the law to set conditions on who could practise as syariah lawyers under its (MAIWP) jurisdiction.
She said not only this, the conditions had also received the consent of the Yang di-Pertuan Agong.
“Parliament has given powers to MAIWP to set the conditions for entry of syariah lawyers, which are procedures, qualifications and fees.
“The powers to set conditions for admitting syariah lawyers and other powers given to MAIWP are very wide,” she said.
These powers are provided for under the Administration of Islamic Laws (Federal Territory) Act 1993.
Besides seeking the order to allow her to practise as a syariah lawyer, Victoria, 49, who obtained a diploma in syariah laws and practice from the International Islamic University, Malaysia (IIUM) in 2004, had also wanted the court to issue a declaration that Order 10 of the Syariah Lawyers Regulations 1993 which only allows Muslims to be accepted as syariah lawyers in the Federal Territory of Kuala Lumpur, to be ultra-vires Articles 5, 8 and 10 of the Federal Constitution.
The plaintiff was represented by counsel Ranjit Singh while the defendant by counsel Sulaiman Abdullah.
This is the first case of its kind in the country. — Bernama
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.