Sarawak News - Found on mysarawak.org. Posted on Wednesday, November 12, 2008 - 0 Comments

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Lawyers ‘aye’ to chance to practise Syariah laws

 

KUCHING: Lawyers in the state welcome the opportunity for non-Muslims to appear in Syariah courts, provided they are competent in Syariah laws.

Lawyer David Toh said the Sarawak Advocates Ordinance never stipulates that only Muslim lawyers can handle cases involving Syariah law.

“Ideally all lawyers, be they Muslims or non-Muslims are professionals.

“Therefore their personal or religious belief should not be an issue. What matters most is whether they know what they (lawyers) are doing,” Toh commented yesterday.

He was asked to comment on Second Minister of Planning and Resource Management Datuk Amar Awang Tengah Ali Hassan’s statement that non-Muslims lawyers can represent clients in Syariah courts.

Toh said: “The question whether Muslim lawyers should handle cases involving non-Muslims and whether non-Muslim lawyers should handle cases involving Muslims is not the issue when lawyers act professionally. Non-Muslim lawyers all this while have been handling cases involving Islamic loans, for instance.”

Lim Lian Kee said personally he would not mind mastering Syariah law because that would enlarge his legal knowledge and views.

He said there exist striking differences on many issues between the common law and Syariah law and that it is the lawyer’s job to be able to spot these differences and apply them accordingly.

However, he said, to be a Syariah lawyer he would have to learn Bahasa Malaysia and Arabic before he can be conversant on the Quran.

“Yes, to be conversant in the Al-Quran, of course I have to master Bahasa Malaysia and Arabic languages,” he said adding that he is prepared to learn all these or sitting for the Syariah Lawyer Certificate examination.

Another lawyer, Detta Samen said there was nothing wrong about non-Muslims appearing before the Syariah courts, provided they are well-versed in Syariah laws.

“It is nothing wrong about it, but of course like any other professions, we (lawyers) have to have the knowledge of Syariah laws,” he explained.

He stressed that he knew of a few lawyers in Kuala Lumpur who are doing their diploma in Syariah laws so as to be able to practice in Syariah courts.

According to him, even Muslims lawyers must first have the knowledge of Syariah laws before they can represent the clients in Syariah courts.

Meanwhile, a lawyer who wished anonymity views it differently.

“The question here is, will the Muslim clients trust the non-Muslim lawyers to handle their case,” he asked.

Tengah, on Monday told DUN that to qualify as a Syariah lawyer, the person had to sit for a few tests conducted by the Sarawak Syariah Lawyers Committee headed by Chief Judge of the Sarawak Syariah Court.

He said among the tests that non-Muslims lawyers needed to sit for would be to memorise and recite the al-Quran verses.



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