The Malaysian Bar advocates for the adoption of a nationwide standard for Syariah law practitioners, hoping to streamline regulations and ensure consistency across states. The body also supports allowing Syariah lawyers with university degrees to practice in courts nationwide.
The Malaysian Bar has recommended that all states in Malaysia consider adopting the Syarie Legal Profession (Federal Territories) Act 2019 (Act 814) to standardize the regulation of conduct, ethics, and procedures for Syariah law practitioners. Mohamad Ezri Abdul Wahab, the president of the Malaysian Bar, stated in a recent announcement that this move would ensure consistency in the legal profession while accommodating the unique needs of each state.
Mohamad Ezri also expressed support for Senator Datuk Salehuddin Saidin's suggestion, made during a Dewan Negara sitting last December, to allow Syariah lawyers with degrees from recognized universities to practice in Syariah Courts throughout Malaysia. He emphasized the relevance and significance of this proposal in streamlining and enhancing the effectiveness of the country's Syariah justice system. The Malaysian Bar Syariah Court Liaison Committee has been actively engaging in dialogues between civil and Syariah lawyers across most states in Peninsular Malaysia. These discussions have highlighted several challenges related to the admission process for Syariah Court practitioners, including discrepancies in eligibility requirements and procedures. Mohamad Ezri stressed the need to establish standardized requirements and procedures without encroaching upon the rights and autonomy of states in determining Islamic affairs, including matters concerning Syariah law. He cited 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, which allow Syariah lawyers accepted in one state to practice in others upon application and submission of evidence of their initial acceptance. The Malaysian Bar proposes implementing this provision conditionally or on an ad hoc basis as a initial step, facilitating Syariah lawyers' operations across the country and potentially increasing the number of qualified Syariah law practitioners
SYARIAH LAW MALAYSIAN BAR SYARIAH COURTS STANDARIZATION PROFESSIONAL REGULATION
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