KUALA LUMPUR, July 1 — Complications may arise with non-Muslims practising Islamic law after the Court of Appeal recently allowed them to do so in the Federal Territories, Minister Datuk Seri Jamil Khir Baharom cautioned today.
The minister in the Prime Minister’s Department pointed out that non-Muslim syarie lawyers are not subject to the Syariah Court if they were to violate the law, such as being found in contempt of court.
“The reality is, if there is contempt of court, it will lead to difficult implications because the Syariah Court cannot discuss cases involving non-Muslims,” Jamil Khir (picture), who is in charge of Islamic affairs, told reporters after a function at the Institute of Islamic Understanding Malaysia (IKIM) here today.
The Court of Appeal made a landmark ruling recently by allowing Victoria Jayaseele Martin to practise as a syarie lawyer in Kuala Lumpur.
Datuk Wira Abu Samah Nordin, who chaired the three-man Bench, was reported by English daily New Straits Times as saying that section 59 (1) of the Administration of Islamic Law (Federal Territories) Act 1993 clearly stated that “any person” with sufficient knowledge in Islamic law may be appointed as a syariah law practitioner.
“If the intention is to prohibit non-Muslims from appearing in a syariah court, it should be expressly stated in the legislation,” Abu Samah was quoted as saying.
But the Court of Appeal allowed a stay of execution of its ruling pending the Federal Territories Religious Council’s application to appeal to the Federal Court.
Victoria had filed a judicial review application in 2010 and sought an order to compel the council to allow her to practise syariah law here.
Malaysian Syariah Lawyers Association president Musa Awang was also reported by news portal Free Malaysia Today as saying recently that non-Muslims could not practise syariah law as they would not be bound by the orders of a syariah court.
