Kuala Lumpur: The Malaysian Bar has recommended that all states consider adopting the Syarie Legal Profession (Federal Territories) Act 2019 (Act 814) to standardise the regulation of conduct, ethics, and procedures for Syariah law practitioners. Its president, Mohamad Ezri Abdul Wahab, stated that this move would ensure consistency without compromising each state’s specific needs.
According to BERNAMA News Agency, Mohamad Ezri Abdul Wahab also welcomed Senator Datuk Salehuddin Saidin’s suggestion, raised during the Dewan Negara sitting on December 19 last year, to allow Syariah lawyers with degrees from recognised universities to practise in Syariah Courts across Malaysia. He highlighted that the proposal is relevant and significant in ensuring the smoothness and effectiveness of the country’s Syariah justice system.
The Malaysian Bar Syariah Court Liaison Committee has initiated civil-syariah lawyer dialogues in nearly all states in Peninsular Malaysia, identifying various challenges related to the process of admission as practitioners in the Syariah Courts. Mohamad Ezri cited differences in eligibility requirements and procedures as among the issues faced.
He further stated that measures should be taken to standardise the requirements and procedures without interfering with the rights and autonomy of the states in determining Islamic affairs, including matters related to Syariah law. Existing provisions such as Section 68(4) of the Administration of the Religion of Islam (State of Melaka) Enactment 2002 and Section 80(4) of the Administration of the Religion of Islam (State of Selangor) 2003 allow individuals who have been accepted as Syariah lawyers in one state to practise in other states by submitting an application and attaching evidence of their acceptance as a Syariah lawyer.
The Malaysian Bar suggests that this could initially be implemented conditionally or on an ‘ad hoc’ basis, facilitating Syariah lawyers to operate across the country and increasing the number of qualified Syariah law practitioners. Mohamad Ezri added that once implemented, these measures will strengthen the Syariah judicial system.