PUTRAJAYA, March 24 ― A non-Muslim today lost her final battle in the courts to be admitted as a Shariah lawyer in the Federal Territories after the majority in a five-man Federal Court panel ruled against her.

The Federal Court allowed both the appeals of the Federal Territories Islamic Council (MAIWP) and the Attorney-General against Victoria Jayaseele Martin, who had previously won her bid following a landmark ruling by the Court of Appeal.

“The Court of Appeal judgment is set aside. We restore the order of the High Court,” Court of Appeal president Tan Sri Md Raus Sharif, who led the apex court panel, said today.

On the first question of law on MAIWP's Muslim-only requirement for Shariah lawyers, Md Raus said it was a “split decision by a majority of 3:2”.

Md Raus said three of the Federal Court judges decided that the part in Rule 10 of the Shariah Lawyers Rules 1993 “mandating that only Muslims can be admitted as” Shariah lawyers remains valid as it had not gone beyond the scope of the Administration of Islamic Law (Federal Territories) Act 1993.

The two other judges in the majority judgment were Tan Sri Ahmad Maarop and Datuk Azahar Mohamed, while the two dissenting judges were Tan Sri Suriyadi Halim Omar and Datuk Zaharah Ibrahim.

Md Raus added, however, that all five judges agreed that the rule that said only Muslims could become Shariah lawyers was not unconstitutional.

“On the second question, all of us are unanimous that part of Rule 10 of the Shariah Lawyers Rules 1993 'mandating that only Muslims can be admitted as' Shariah lawyers is not in contravention of the Federal Constitution’s Article 5, Article 8(1) and Article 10(1)(c),” he said.

The second question posed revolved around Articles 8(1) and 8(2) of the Federal Constitution, which are on equality before the law and the right to non-discrimination, and Articles 5 and 10(1)(c), which guarantee liberty and the freedom to form associations.

Representatives for the Bar Council and advocacy group Sisters in Islam held a watching brief today.

Victoria, 54, had won a bid at the Court of Appeal in 2013, but MAIWP and the AGC later appealed against the landmark ruling in her favour.

The Court of Appeal had decided then that the part in Rule 10 that said only Muslims can be admitted as Shariah lawyers, exceeded the boundaries of Section 59 of the Administration of Islamic Law (Federal Territories) Act 1993.

Section 59 states that “any person having sufficient knowledge of Islamic Law” may be admitted as a Shariah lawyer in the Shariah courts. It does not impose a requirement for the person to be Muslim.

However, among other things, it also states that the religious council may make rules governing “procedure, qualifications and fees for the admission of” of Shariah lawyers, subject to the Yang Di-Pertuan Agong’s approval.

Victoria received a diploma in Shariah Laws and Practice from the International Islamic University of Malaysia in 2004, and also holds a degree which widely covers Islamic law ― Masters in Comparative Laws ― from the same university.