Friday, March 4, 2011

"Islam" tanpa iman? The Judicial Review for Non Muslim to Become Shariah Lawyers

Simple question

Can A Non Muslim be an Expert in Islamic matters?

My answer....

Of course they can...

They can hafal the Quran and Hadith and know every single aspect of Islamic knowledge...without being Muslim

Bersepah-sepah our Lecturers at UIA who went to the University of Edinburgh to get their Phd learning from Non Muslim lecturers....

Masuk akal ke benda nih gua nak tanye same lu...

Syarie lawyers are answerable to God on judgement day, court hears
KUALA LUMPUR: Only Muslims can be Syarie lawyers as they are expected to be virtuous and are answerable to God on judgement day, the High Court heard on Friday.

These are values that a Syarie lawyer must subscribe to to be effective, said Federal Territory Islamic Religious Council's lead counsel Sulaiman Abdullah.

"Syarie lawyers are expected to be virtuous. They are expected to model their conduct on Prophet Muhammad. On judgment day, they have to answer to God," he said.

Sulaiman said that a Syarie lawyer has to subscribe to these values and belief.

"If the lawyer appearing before a Syariah court does not carry those values and beliefs, the lawyer will not be able to effectively carry out his or her role," he argued Friday.

As such, the religious council was entitled to set conditions, including the requirement for Muslims to be Syarie lawyers.

And, he submitted, only the Syariah Court had the jurisdiction to take action against Muslim lawyers if they did not follow proper procedure or ethics.

In her judicial review application, Victoria Jayaseelee Martin, 49, is challenging the requirement that a Syarie lawyer in Kuala Lumpur must be a Muslim.

In her affidavit, Victoria said she applied to be admitted as a Syarie lawyer in Kuala Lumpur in February, 2006.

In asking the court to take judicial notice over the National Fatwa Council's committee discussion last December, Sulaiman said it has stated that a Syarie lawyer, among others, must master the Quran and have faith in Allah.

"It is the crucial requirement to be a Syarie lawyer. If non-Muslims are allowed to be appointed as Syarie lawyers, it will give them space to manage the affairs of the Muslims. This situation will create confusion among the Muslims," he said.

Sulaiman said Victoria was constitutionally not prohibited to practise in any court in Malaysia but she just had to comply with the requirement if she want to be a Syarie practitioner.

Senior Federal Counsel Arik Sanusi Yeop Johari, who represented the Attorney-Generals Chambers, said it was necessary for only Muslims to be Syarie lawyers to avoid any misinterpretation of Quranic verses in their execution of duties.

"Basically, it is to administer matters related to the affairs of the Muslims in a proper way," he added.

On the other hand, Victoria’s lawyer Ranjit Singh argued that his client was entitled to practise her profession at the Syariah Court without any discrimination to her religion.

He said Victoria had sufficient knowledge of Islamic law and the council should allow her to sit for the examination for admission to practise in the Syariah court.

Ranjit asked the court to take judicial notice that there was a precedent where a non-Muslim had been allowed to practise as a Syarie lawyer in Selangor since 1997.

High Court judge Justice Rohana Yusuf set March 17 to deliver her decision on the test case whether a non-Muslim can practise as a Syarie lawyer. Source here

Might as well you put in the Minimum Condition to be a Muslim to apply to do the Bsc or Diploma or Phd in Islamic Law or put a statement to say that this knowledge is of no economic use to you in Malaysia incase you're a Non Muslim....

Ni orang panggil bodoh tak bertempat....

This lady has the necessary background

Victoria said she has a Diploma in Syariah Law and Practice from the International IslamicUniversity Malaysia, in addition to a University of London law degree.more here

Takkan la takut nak argue dalam court on Islamic Matters Vs a Non Muslim?

If a Non Muslim Shariah Lawyer mis-quoted or misinterpreted an Ayat takkan la takde Judge to correct the wrong?

Now lets look at the Client ...if you choose to go to a Non Muslim Lawyer for Shariah Court issues....that Lawyer must be Good....or that person may be super cheap...

And would you be listening to ONLY to the Lawyer to learn about Islamic matters? 

Being a Lawyer DOES NOT allow you to ADMINISTER matters regarding Muslims...

You're just a lawyer....the court argue your case to the best of your ability in the interest of your client...

Gua pening kepala siut....Not only this matter but on a lot of Shariah Court issues...

Let me give you one simple example...

Do you know how easy it is to get custody for a Child in a divorce by simply "pretending" to convert to Islam?

Do you know the statistics of how many actually became "practising" Muslim after getting custody?

Trust me someone somewhere is GONNA Spin this into Muslims Vs Non Muslim soap opera...

And slowly the Fatwa Council will lose its power and jurisdiction....

On the same note...

Check out whats happening in UK...

Fears over non-Muslim's use of Islamic law to resolve disputes

Muslim Arbitration Tribunal reports 15% rise in non-Muslims employing sharia law in commercial cases Campaigners have voiced concerns over a growing number of non-Muslims using Islamic law to resolve legal disputes in Britain despite controversy over the role of sharia law.

A spokesman for the Muslim Arbitration Tribunal (MAT) said that there had been a 15% rise in the number of non-Muslims using sharia arbitrations in commercial cases this year. Last year, more than 20 non-Muslims chose to arbitrate cases at the network of tribunals, which operate in London, Birmingham, Bradford, Manchester, Nuneaton and Luton. "We are offering a cheap and effective service for Muslim and non-Muslims," said MAT spokesperson Fareed Chedie.

"95% of the people who come to us for arbitration do not feel they need legal representation." Chedie said that tribunals deal mainly with civil and commercial cases, including mosque disputes referred by the Charity Commission. But the tribunals have also continued to hear cases in the field of family law and divorce, Chedie said.

"We are increasingly dealing with reconciliation and mediation in marriage," said Chedie. "Many of these are cases where women have petitioned because they have a difficult marriage and want some guidance and direction. If they then want to terminate the marriage then we can help with that."

The increase in marriage and divorce cases comes as one law firm has begun offering advice on civil Scots law and sharia law, making it the first in Britain to offer both civil and Islamic law as part of one service.

Glasgow law firm Hamilton Burns says that it is responding to a greater demand from Muslim clients who want advice on sharia law alongside civil advice under Scots law. It has teamed up with Shaykh Amer Jamil, a Muslim scholar who specialises in Islamic family law. More here

OK let me ask you another question...

Of all those Shariah Bonds issued....did the legal advice came exclusively from Muslims Firms?

Or how about this did the SC of Malaysia stipulates that you MUST BE A MUSLIM to become a Shariah Advisor? Go here to find out

Are they all not ANSWERABLE TO GOD?

Duit gua kalu jadi haram invest dalam barang tak betul macam mana....masuk perut anak beranak gua?

By the way Pakcik.....

Minds are like parachutes; they work best when open. -Lord Thomas Dewer