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, said in Thursday's statement that this move would ensure consistency without compromising each state's specific needs.
Mohamad Ezri said the body also welcomed Senator Datuk Salehuddin Saidin's suggestion, raised during Dewan Negara sitting on Dec 19 last year, to allow Syariah lawyers with degrees from recognised universities to practise in Syariah Courts across Malaysia.
"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 and found that there are various challenges related to the process of admission as practitioners in the Syariah Courts," he said, citing the differences in eligibility requirements and procedures as among the issues.
Mohamad Ezri also said 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 that the lawyer has been accepted as a Syariah lawyer in that state.
"The Malaysian Bar suggests that, as a start, this could be implemented conditionally or on an 'ad hoc' basis," he said, noting that this approach will facilitate Syariah lawyers to operate across the country, thus increasing the number of qualified Syariah law practitioners.
"Once implemented these measures will strengthen the Syariah judicial system," he added. - Bernama
