Rules on admission of syarie’ lawyers needed – lawyer
KOTA KINABALU: PAS Sabah has urged the State Government to view seriously the absent of rules and regulations relating to admission and ethics of syarie’ lawyers in Syariah Courts in Sabah.
Its Deputy Commissioner III, Hamid Ismail, disclosed that all states in Malaysia have these rules and regulations except Sabah.
“Until now i n Sabah, the admission of a Muslim lawyer to practise as a syarie’ lawyer in Syariah Courts is based totally on the discretion of Sabah Syariah High Court or the Sabah Syariah Chief Judge,” he said in a statement yesterday.
He also said that Muslim lawyers must apply for it though, but this kind of application and approval is improper as it is open to manipulation and abuse and it is also inconsistent in the terms of approval and keeps changing.
“For example, when I first applied for admission to practise in Syariah Courts, the chief registrar of the Syariah Court at that time made it compulsory for me to be admitted as a lawyer in the civil court in Sabah before I could make such application,” said Hamid, adding that, he noted that some current syarie’ lawyers have never been admitted to the civil court in Sabah but their applications were approved.
“This situation differs greatly from the civil courts. A lawyer applying to be admitted to the civil courts in Sabah must comply with the strict terms set out in the Advocates Ordinance (Sabah Cap. 2),” Hamid explained.
He said that any non-compliance of those terms or any of them will result in rejection of the application. Further, the High Court will fix a hearing date for the application whereby the Sabah Law Association and the State’s Attorney General’s office have the right to object application that breaches the terms or on other grounds.
“I believe the strict terms are imposed to ensure only qualified persons are admitted to practise as lawyers in civil courts in Sabah. The Native Courts also have rules f or admission of lawyers in their courts.
“The regulations relating to ethics must also be legislated to guide the syarie’ lawyers when serving their clients and a provision relating to disciplinary board must be included.
“If not the public and the Syariah Courts have no avenue to complain on any unethical conduct committed by syarie’ lawyers as in civil courts where lawyers are bound by the Advocates (Practice and Etiquette) Rules 1988,” Hamid said.
He further said that the party that can solve this issue, that is, the State’s Attorney General’s office, must act fast and the Sabah Syariah High Court should be more alert on this issue.
“Sabah Syariah High Court can co-operate with State’s Attorney General’s office, Sabah Muslim Lawyers Association and the Sabah Women Muslim Lawyers in resolving it,” suggested Hamid.
He hoped that the State Government, especially Datuk Ariffin Arif, who is the Assistant Minister in the Chief Minister’s Department and also chairman of the State Islamic Religious Council (MUIS) could do something about this issue in order to improve Syariah Courts and laws in Sabah.
Besides that, PAS Sabah also congratulates the State Government for the construction of Sabah Syariah Court complex besides Masjid Bandaraya in Likas.