A Non-Muslim Lawyer’s Struggle To Practice Sharia Law
A non-Muslim lawyer’s pursuit to practice the Sharia law in Malaysia has stirred some controversy amongst the legal fraternity. Lawyer Victoria J Martin’s request was rejected by Malaysia’s Federal Territory Islamic Religious Council because she was non-Muslim. Victoria J Martin had earlier been conferred a diploma in Sharia Law by the International Islamic University Malaysia.
Only Muslims Can Practice Sharia Law
Legal eagles in the fraternity have given their views on this debate. Mohd Isa, the President of the Malaysian Sharia Lawyers Association, said that Sharia lawyers “must be Muslim because they will have to know the Quran, hadith and hukum sharak.” According to Mohd Isa, non-Muslim lawyers will not be able to argue a case before the Sharia Court as they do not believe in the Quran and hadith.
Non-Muslim Lawyers Can Argue Based On Islam
Proponents of Victoria J Martin’s request all but think otherwise. Sharia lawyer Saadiah Din said that the Sharia Court is a “court of law that applies Islamic law, which is universal. If non-Muslim lawyers can submit to the court’s jurisdiction and argue based on Islamic principles, there should be no problems in them practicing Sharia law.”
The Qualities Of A Sharia Lawyer
So what exactly makes one a Sharia lawyer? According to Muslim scholar, Dr Wan Azhar Wan Ahmad, the Sharia lawyer “is not only to present and argue a case for the interest of his client but, more importantly, to assist the court to arrive at a just and fair decision even if the decision of the court may not be in favour of his client”. It is essential that the lawyer has the ability to refer to a whole gamut of Islamic sources. This includes the Quran, the Sunnah of the Prophet, ijmak (consensus), qiyas (analogy) and other methods agreed upon by Muslim jurists and scholars. Most importantly, Dr Wan Azhar Wan Ahmad asserts that the lawyer must “make efforts to understand as many Islamic teachings, principles and tenets as possible and outwardly put them into practice… and it takes years for one to sufficiently learn all the necessary processes”. Dr Wan Azhar Wan Ahmad cautioned that lawyers, who are non-Muslim or even Muslims who do not properly practice Islam, not to indulge in Sharia law.
The Rights Accorded By The Constitution
From a constitutional standpoint, Dr Shad Saleem, a constitutional law expert, states that the Federal Territory Islamic Religious Council cannot turn away non-Muslims lawyers based on their religion. The Federal Constitution prohibits discrimination of one’s religion and also in the administration of any law related to the conduct of any profession. The suggestion that rejecting Victoria J Martin’s request could have contravened the Malaysian Constitution was conversely strongly refuted by Mohd Isa who argued that the “Sharia law falls under state, not federal, jurisdiction, and the Constitution gives power to the state to make their laws, including those governing Sharia lawyers.”
In the meantime, despite the controversy on the ground, Victoria J Martin has won approval for a hearing from the High Court to challenge the Federal Territory Islamic Religious Council’s decision. Victoria J Martin has applied for a court order to compel the Council to receive her application. Her contention – Section 59(1) of the Sharia Act provides that the Council may admit any person having sufficient Islamic law to practice and appear before the Sharia Court.
Think About It
Can a non-Muslim practice the Sharia law? Will the non-Muslim lawyer be effective in the Sharia Court? Will it be unconstitutional if Victoria J Martin’s application is rejected? As for Muslim lawyers who do not properly practice Islam, should they be allowed to practice Sharia law? Is there a double standard?
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