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High Court Bars Indian-Malaysian From Practicing Law in Shariah Court
March 17, 2011

Malaysian Indian lawyer Victoria Jayaseele Martin says she will be appealing a decision that prevents her from practicing Shariah law in Malaysia because she is not a Muslim. (AP Photo/Lai Seng Sin) Malaysian Indian lawyer Victoria Jayaseele Martin says she will be appealing a decision that prevents her from practicing Shariah law in Malaysia because she is not a Muslim. (AP Photo/Lai Seng Sin)
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Kuala Lumpur. An ethnic Indian lawyer lost a court battle on Thursday to practice Shariah law in Malaysia because she is not Muslim.

The suit by Victoria Jayaseele Martin, 49, was the first challenge against a Shariah court in this predominantly Muslim nation, where ethnic minorities have long complained their legal rights are being trampled.

Her lawyer, Ranjit Singh, said the High Court ruled the Kuala Lumpur Islamic court’s decision in 2009 to refuse to admit Martin was constitutional.

Islamic authorities claim only Muslims can be accepted as Shariah lawyers in order to prevent confusion and protect the sanctity of Islam.

“I lost, but I will be appealing,” Martin said.

“We respect the judge’s decision, but we say she misinterpreted the law. Our view is that this is unconstitutional,” Ranjit said.

Martin, who has practiced civil law since 1991, said she obtained her diploma in Shariah law from a local university in 2004 and she was qualified to practice.

She said she wanted to become a Shariah lawyer because of the growing number of interfaith disputes in which she felt non-Muslims had difficulty getting fair representation.

Officials at the Kuala Lumpur Shariah court couldn’t immediately be reached for comment.

Malaysia has a two-tier court system for family matters — secular courts for non-Muslims and Shariah, or Islamic, courts for Muslims. Religious minorities complain that cases that involve a Muslim are usually sent to Shariah courts, where decisions typically go against non-Muslims.

Some 60 percent of Malaysia’s 28 million people are Muslim Malay. A third are ethnic Chinese and Indian, practicing mostly Christianity, Buddhism and Hinduism.

Associated Press