Perlis mufti's stance on defence lawyers against basic human rights - Suhakam

 

Suhakam has spoken out against Perlis mufti Mohd Asri Zainul Abidin's stance on defence lawyers, saying it was against basic human rights.

This was after Asri (above) said that it was sinful for a lawyer to defend someone they personally believe to be in the wrong.

In a statement released last night, Suhakam said the right to legal representation is guaranteed by the Federal Constitution and needs to be respected and upheld.

"A person is presumed to be innocent until proven guilty and as such he is entitled to legal representation and the right to be defended in a court of law," the human rights commission said.

It also echoed Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar's response to Asri, that lawyers have no power to decide who is guilty or innocent, and that such matters are up to judges.

Asri made his remarks in a blog post last week, reportedly in response to queries from lawyers.

Study the cases first

The mufti said that defence lawyers must study cases before deciding to take one on.

If the lawyer is truly convinced that their client is innocent - even if others believe him guilty - then it is permissible to defend that client.

However, Asri said it was sinful for a lawyer to act on self-interest, arrogance, or for money to defend someone they believe to be in the wrong.

He said taking payment to defend the guilty was worse than prostitution.

Among the basis for his arguments was a hadith (sayings of Prophet Muhammad), which reads: "I am only a human being, and you people have disputes. Maybe someone amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favour according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only given him a piece of fire (hell)." - Mkini