Friday, 18 June 2010

JAWATANKUASA PEGUAM NEGERI TERENGGANU

LOKASI DALAMAN KOMPLEKS MAHKAMAH KUALA LUMPUR, JALAN DUTA, MALAYSIA-SETAKAT 01.06.2010

















[Malaysian Bar:2801] Press Release: Syariah courts must embrace all lawyers

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 17 June 2010 13:37
Subject: [Malaysian Bar:2801] Press Release: Syariah courts must embrace all lawyers
To: malaysianbar@googlegroups.com


 
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Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Press Release

Syariah courts must embrace all lawyers
 
The Malaysian Bar believes that permitting non-Muslim lawyers to practise in the Syariah courts will promote greater awareness of, and insight into, the religion of Islam.  Further, it would also play a role in reducing conflicts between the Syariah and civil law systems in our dual legal structure, and contribute towards a better understanding of the common values among the various faiths. 
 
The Federal Constitution, which provides for and establishes the Syariah legal system, does not contain any qualification on the religious beliefs of Syariah law practitioners.  Furthermore, the Federal Constitution prohibits discrimination against citizens on the ground only of religion. 

The requirement that only Muslims can practise in the Syariah courts is not provided for in the Administration of Islamic Law (Federal Territories) Act 1993.  Subsidiary legislation, such as the Peguam Syarie Rules 1993 (Federal Territories), used to justify barring non-Muslim lawyers from practising in the Syariah courts, cannot supersede constitutional rights.
 
It must be noted that, as a first step, a lawyer must be admitted as a Syarie practitioner.  Beyond that, however, the practitioner must be knowledgeable and competent in the applicable laws in order to gain the confidence of clients and to represent them effectively.
 
We urge for the spirit of openness: to accept and embrace diversity, and to encourage people of other faiths to learn about Syariah laws.  Permitting all lawyers to practise in the Syariah courts will reduce any misgivings or fears about the Syariah legal system, and will uphold a party's right to be defended by a legal practitioner of one's own choosing.
   
 
Ragunath Kesavan
President
Malaysian Bar
 
17 June 2010

[Malaysian Bar:2802] Circular No 168/2010: Email Scams and Fraudulent Schemes Using the Names of Members of the Bar and Legal Firms (Update)

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 17 June 2010 17:41
Subject: [Malaysian Bar:2802] Circular No 168/2010: Email Scams and Fraudulent Schemes Using the Names of Members of the Bar and Legal Firms (Update)
To: malaysianbar@googlegroups.com




 
 
logo.gif
 
 
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 168/2010
Dated 17 June 2010
 
To all Members of the Malaysian Bar
 
Email Scams and Fraudulent Schemes Using the Names of Members of the Bar and Legal Firms (Update)
 
We refer to Circular No 271/2009 (dated 1 Oct 2009) where we highlighted that unknown parties have been abusing the names of Members of the Bar and legal firms for unscrupulous purposes.  In particular:
 
(1) Emails have been sent to members of the public in the name of Members of the Bar, inviting the former to participate in fraudulent schemes/email scams; and
 
(2) Sale and Purchase Agreements (SPAs) are being prepared by unknown parties in the name of authentic legal firms for the purpose of withdrawal of funds from the purchasers' Employees Provident Fund (EPF) accounts.  One legal firm was alerted when it was contacted by EPF to verify the SPAs.  Upon investigation, it was discovered that the purchasers were not on the legal firm's register of clients, nor had the developer sold any property to them.
 
Enclosed below is the Jurisk! Practice Alert titled "Employees Provident Fund (EPF) Fraudulent Withdrawals", which provides useful background information and tips on precautionary measures.
 
Further to that, the following incidents have come to the Bar Council's attention:
(1) Letterheads of legal firms have been falsified and fraudulently used for withdrawals of caveats at land offices; and
(2) Names of legal firms, which have ceased operations, and previous names of legal firms, which have changed names, have been used in filing divorce petitions at Kuala Lumpur High Court.
 
We advise Members of the Bar to be alert to such scams and to take the necessary precautions. 
 
George Varughese
Secretary
Malaysian Bar 
 
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