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Monday, May 17, 2010

Indian-Malaysian lawyer challenges Islamic court

KUALA LUMPUR, Malaysia – An ethnic Indian lawyer is challenging Kuala Lumpur's Islamic court after it rejected her bid to practice Shariah law on grounds that she is not a Muslim.
It is the first such case against the Islamic court in the predominantly Muslim nation, where ethnic minorities have long complained their legal rights are being trampled on.
Victoria Jayaseele Martin, 48, said Friday she decided to bring the matter to the civil court after the Kuala Lumpur Shariah court rejected her application last year, saying only Muslims can become Shariah lawyers.
"It is not a valid ground and it is unconstitutional. I have decided to challenge their decision because there is no basis in it," she told The Associated Press.
Martin won an early battle after the civil High Court agreed Friday to hear the case despite objections from the Kuala Lumpur Islamic council. No date has been fixed yet for the hearing, she said.
Martin, who has practiced civil law since 1991, said she has the necessary qualifications after obtaining her diploma in Shariah law from a local university in 2004.
She said she wanted to become a Shariah lawyer given the growing number of interfaith disputes in the country, where she felt non-Muslims have difficulty getting fair representation. She submitted her application to practice Islamic law in 2006.
"Justice must be equally applicable. Open the doors to non-Muslims if you want non-Muslims to have equal representation in Shariah courts," she said.
Officials at the Kuala Lumpur Shariah court couldn't be immediately 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 cases that involve a Muslim are usually sent to Shariah courts, where the 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 who practice mostly Christianity, Buddhism and Hinduism.

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