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Malaysian Woman Challenges Ban On Non-Muslim Lawyers Practicing In Syariah Court

By Howard M. Friedman

In Malaysia, Victoria Jayaseele Martin, a non-Muslim woman who earned a Diploma in Syariah Law and Practice in 2004 from the International Islamic University Malaysia, is challenging the requirement imposed by the Federal Territory of Kuala Lumpur that only Muslims can be admitted to practice before its Syariah Court. Bernama reports today that a High Court judge has granted Martin leave to file a mandamus action to require the Federal Territory Religious Council to allow her to practice before the religious court. In allowing Martin to proceed, the High Court rejected arguments that only the Syariah Court had jurisdiction to hear her application. According to today's Malaysia Star, Martin contends that Rule 10 of the Peguam Syarie Rules 1993 that limits Syariah practice to Muslims is unconstitutional and not authorized by the Administration of Islamic Law (Federal Territories) Act 1993.

Full post as published by Religion Clause on May 14, 2010 (boomark / email).