A Syariah lawyer (peguam Syarie), also known as a Sharia lawyer or Islamic law practitioner, is a legal professional who specializes in Syariah law, also known as Islamic law. These lawyers often handle cases relating to family matters, inheritance, marriage, divorce, and other issues that fall under the jurisdiction of the Syariah court.
Shariah lawyers in Malaysia are equipped with a deep understanding of both conventional and Islamic legal systems, ensuring they can provide accurate and comprehensive legal services to their clients within Islamic jurisprudence.
Syariah Lawyer / Shariah Lawyer
What Is Syariah Law?
Syariah law, also known as Islamic law or Sharia, is a religious legal system derived from Islamic scripture, primarily the Quran and the Hadith. It encompasses a comprehensive set of guidelines and principles that govern various aspects of a Muslim’s life, including personal conduct, family matters, financial transactions, and religious obligations. In Malaysia, Syariah law operates alongside the civil legal system and is primarily applied to Muslims concerning personal and family law.
What Is Syariah Court?
Syariah courts in Malaysia are specialized judicial institutions established under state law to administer Islamic law (Syariah) for the country’s Muslim population. These courts operate parallel to the civil court system and have jurisdiction over Muslims in matters about personal and family issues, including marriage, divorce, child custody, inheritance, and certain religious offences. The establishment of Syariah courts is provided for in the Malaysian Constitution, which recognizes Islam as the religion of the Federation while maintaining freedom of religion for all citizens.
Each state in Malaysia has its own Syariah court system, reflecting the country’s federal structure and the fact that Islamic law is primarily a state matter. Syariah courts are typically organized in a three-tier hierarchy consisting of the Syariah Subordinate Court, the Syariah High Court, and the Syariah Appeal Court. These courts are presided over by Syariah experts in Islamic law and jurisprudence. Syariah courts have limited jurisdiction, applying only to Muslims and in specific areas of law as defined by state legislation. In contrast, the civil courts handle civil and criminal matters outside this scope.
What Are The Roles Of Syariah Lawyer In Malaysia?
Syariah’s lawyer has roles such as providing legal counsel, representing clients, drafting legal documents and mediating disputes. Here is the explanation of 4 main roles of Syariah lawyers (peguam Syarie) in Malaysia:
1. Providing Legal Counsel
Syariah lawyers in Malaysia offer expert legal advice on matters governed by Islamic law. They help interpret complex legal and religious texts, ensuring clients understand their rights and obligations under Syariah law.
2. Representing Clients in Syariah Courts
These legal professionals represent their clients in Syariah courts, presenting cases, cross-examining witnesses, and arguing legal points to protect their client’s interests in various matters such as divorce, child custody, and inheritance disputes.
3. Drafting Legal Documents
Syariah lawyers are responsible for preparing and reviewing legal documents in accordance with Islamic law principles. This includes drafting marriage contracts, divorce papers, and wills that comply with both Syariah and Malaysian civil law requirements.
4. Mediating Disputes
Many Syariah lawyers act as mediators in family disputes, striving to resolve conflicts amicably and per Islamic principles before resorting to court proceedings.
How Much Is The Syariah Lawyer Fee In Malaysia?
Syariah’s lawyer’s fee in Malaysia is between RM1,000 and RM10,000 per case, depending on factors such as the complexity of the case, the lawyer’s experience, and the duration of the legal proceedings. Some lawyers charge an hourly rate ranging from RM200 to RM500 per hour.
Do Syariah Lawyers in Malaysia handle Divorce Cases?
Yes, divorce cases involving Muslims in Malaysia are handled by Syariah lawyers and fall under the jurisdiction of the Syariah courts. These legal professionals are specifically trained to navigate the complexities of Islamic family law and the divorce process according to Syariah principles.
They assist clients in filing for divorce, negotiating terms of separation, addressing issues of child custody, and settling matters of alimony and division of marital assets following Islamic law and Malaysian Syariah regulations.
Is There Any Free Syariah Lawyer Available In Malaysia?
Free Syariah legal services are not as widely available as paid services, but there are options for those seeking pro bono or low-cost Syariah legal assistance in Malaysia. Some non-governmental organizations and legal aid clinics offer free or subsidized Syariah legal services to individuals who meet certain financial criteria.
The Malaysian government has established initiatives like the Legal Aid Department, which provides eligible individuals with legal assistance, including Syariah matters. However, the availability and scope of these services may be limited, and individuals are encouraged to inquire with local legal aid organizations or the Malaysian Bar Council for current information on free or low-cost Syariah legal services.
Where Can I Find The Syariah Lawyer Near Me In Malaysia?
To find a Syariah lawyer in Malaysia, individuals have several options, including referring to the Malaysian Bar Council directory, contacting their local Islamic religious department, or searching online. The Malaysian Bar Council maintains a directory of Syariah lawyers specializing in Syariah law. Each state’s local Islamic religious departments (Jabatan Agama Islam) can often provide referrals to qualified Syariah lawyers.
Many law firms specializing in Islamic law have an online presence, making it easier to locate their services. For those seeking more personalized recommendations, consulting with local mosques, community leaders, or friends and family who have used Syariah legal services can be helpful.
What are the differences between Syariah Law and Shariah Law?
“Syariah” and “Shariah” law refer to the same Islamic legal system, with the variation in spelling simply reflecting different transliterations of the Arabic word into English. Different English-speaking regions might prefer one spelling over the other, but they both represent the same system of law based on Islamic principles and teachings. This system governs daily life for Muslims, including family matters, finance, and criminal law. Shariah law’s specific application and interpretation can vary significantly across Islamic countries and communities.
Shariah lawyers such as The Zain & Co. are in Shariah law practice and have experience handling sensitive and confidential matters for high-net-worth individuals. Their services include family settlements, wealth and estate planning, and advisory work. The firm is noted for its expertise in contentious and non-contentious aspects of matrimonial matters and asset management, including wills, probate, and trusts. The team comprises corporate lawyers with Shariah qualifications, focusing on providing comprehensive and commercially sensible resolutions to contentious issues.
What are the differences between Shariah and Civil Lawyers in Malaysia?
The Malaysian Bar’s article outlines the differences between Shariah and civil lawyers in Malaysia. To become a civil lawyer, one needs a law degree, must pass the Certificate in Legal Practice (CLP), and must complete nine months of chambering. Shariah lawyers, however, follow a less straightforward path, with varying requirements across states.
Some states require a Shariah law degree and a postgraduate diploma in Shariah Law and Legal Practice (DSLP). Qualifications for membership in the Malaysian Bar or the Malaysian Shariah Lawyers Association vary.
The Malaysian Bar’s Syariah section lists law firms specializing in Syariah law. The listed firms that have paid for advertisement include Khalid, Iqbal & Associates, MahWengKwai & Associates, Messrs Hasrina Hakimi, and Yuslinov Ahmad Chambers. This directory is not exhaustive but offers a selection of Syariah law experts.
