New Developments
Remember Malaysian lawyer Victoria Jayaseelee Martin (aka Victoria J Martin), who in early May succeeded in getting the Malaysian High Court to hear her case after she was refused admission as a Sharia lawyer by the Federal Territory Islamic Religious Council (MAIWP) due to her non-Muslim status? In the latest development of this case, the MAIWP has applied to the High Court to throw out the case.
Wrong Jurisdiction Argument
MAIWP’s counsel Azmi Mohd Rais told the media that the admission for a Sharia lawyer should be determined by the Sharia court. Azmi Mohd Rais said, “It is a matter of jurisdiction and should be heard at the Sharia court.” The grounds as stated by the MAIWP, in judicial review papers that were filed, argued that the civil court does not have the jurisdiction over the issue. High Court Judge Datuk Mohd Zawawi Salleh has set September 20, 2010 for the case to be managed.
Think About It
Can a non-Muslim lawyer practice Sharia law? In terms of positioning, is the High Court superior to the Sharia court? Or will the High Court defer the case to the Sharia Court?
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