Standardizing Syarie Law Strengthens Legal Profession

Standardizing admission requirements for Syarie lawyers is a vital step to bolster the profession while respecting state autonomy in Islamic matters. Datuk Zainul Rijal Abu Bakar, a Syarie lawyer, emphasized that the Syarie lawyer profession is essential to Malaysia's Islamic justice system, acting as officers of the court.

He believes uniformity can be achieved through cooperation between the federal and state governments, even though Islamic affairs and Syariah courts fall under state jurisdiction according to the Federal Constitution. "However, the fact that this matter is under state jurisdiction does not mean uniformity is impossible. What is not permitted by the Constitution is the unilateral takeover of state powers by the Federal Government, denying state autonomy," Zainul Rijal stated.

He advocates for a cooperative federalism approach, where federal and state governments collaborate on national goals without infringing on the constitutionally defined division of powers. While differing entry, licensing, and regulatory conditions for Syarie lawyers exist due to state jurisdiction, these can be harmonized.

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However, the fact that this matter is under state jurisdiction does not mean uniformity is impossible. What is not permitted by the Constitution is the unilateral takeover of state powers by the Federal Government, denying state autonomy.

Zainul Rijal proposed the drafting of a Model Syarie Lawyer Enactment for all states, developed by the Department of Islamic Development Malaysia (Jakim), the Malaysian Syariah Judiciary Department (JKSM), State Islamic Religious Councils, and Syarie Lawyer bodies. He noted this approach has proven successful in creating nearly uniform Syariah court procedural and evidence enactments nationwide.

He also suggested establishing a National Syarie Lawyer Council or Body with representatives from state Islamic religious councils, state Syariah judiciary departments, Syarie judges, academics, and Syarie lawyer bodies. This council would coordinate entry standards, manage qualification exams, oversee continuing professional development, and issue best practice guidelines, without usurting state licensing powers. The authority to issue practice certificates would remain with the state religious authorities, preserving their autonomy.

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This approach is not new, as it has been successfully implemented in drafting the Syariah Court Procedure Enactment, Syariah Criminal Procedure Enactment, and Syariah Court Evidence Enactment, which are nearly uniform across the country despite being drafted by their respective State Legislative Assemblies.