Syariah lawyer or often called “Peguam Syarie” refers to 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.
They are equipped with a deep understanding of both conventional law and the Islamic legal system, ensuring they can provide accurate and comprehensive legal services to their clients within the context of Islamic jurisprudence.
Syariah Lawyer / Shariah Lawyer
What is a Syariah lawyer?
A Syariah lawyer which also called “Peguam Syarie” is a legal professional who specializes in Syariah law, which is the moral and religious law of Islam. This field of law covers various aspects including family law, inheritance law, commercial law, and criminal law within the context of Islam.
Syariah lawyers typically work in regions where Syariah law is upheld, advising and representing clients on matters such as marriage, divorce, inheritance, and business contracts according to Islamic principles. They may also appear in Syariah courts to represent their clients.
What is the meaning of Syariah law in Malaysia?
Syariah law in Malaysia refers to the Islamic law that is used to regulate the personal and religious conduct of Muslims in the country. It is derived from Islamic religious texts, such as the Quran and Hadith, and is implemented alongside civil law.
It primarily governs matters such as marriage, divorce, inheritance, and religious observances. The interpretation and implementation of Syariah law can vary among different states in Malaysia. It is enforced by the Syariah Court and only applies to Muslims.
What are the roles of Syariah lawyer in Malaysia?
Here are some roles of Syariah lawyer in Malaysia:
- Legal Representation: Syariah lawyers in Malaysia represent their clients in Syariah courts, which deal with Islamic law matters, such as marriage, divorce, and inheritance disputes.
- Legal Advice: They provide legal advice on matters related to Islamic law. This can include matters related to personal status, family law, business transactions, and more.
- Drafting Legal Documents: Syariah lawyers draft legal documents such as wills, contracts, and other documents that need to comply with Islamic law.
- Mediation: They mediate disputes related to Islamic law between parties in an attempt to reach a resolution outside of court.
- Advocacy: Syariah lawyers advocate for their clients’ rights and interests, and ensure that they are treated fairly under the law.
- Education: They educate their clients about their rights and responsibilities under Islamic law.
- Legal Research: They conduct legal research to keep up to date with changes and developments in Islamic law.
- Compliance: They ensure that their clients’ actions and transactions are in compliance with Islamic law.
- Negotiation: They negotiate on behalf of their clients in matters such as divorce settlements or business transactions to ensure a fair outcome.
- Litigation: In cases where disputes cannot be resolved through negotiation or mediation, Syariah lawyers represent their clients in litigation proceedings in Syariah courts.
How much is the Syariah lawyer fee in Malaysia?
The fees for hiring a Syariah lawyer in Malaysia can vary greatly depending on the complexity of the case, the lawyer’s experience, and other factors. As a rough estimate, you can expect to pay anywhere from RM1,000 to RM10,000 or more.
Some lawyers may charge an hourly rate, which can range from RM200 to RM500 per hour. Others may charge a flat fee for their services.
In addition to the lawyer’s fees, you may also have to pay court fees, which can vary depending on the type of case and the court in which it is heard.
It is recommended to discuss the fees and costs with the lawyer before hiring them to get a clear understanding of the potential expenses. Some lawyers might require a retainer fee upfront.
Please note that the above information is just a rough estimate and the actual cost can be higher or lower. Always consult with a lawyer for accurate information.
Is divorce cases handled by Syariah lawyer in Malaysia?
Yes, divorce cases between Muslim couples in Malaysia are handled by Syariah lawyers, as they fall under the jurisdiction of the Syariah Court.
The Syariah Court applies Islamic law, known as Sharia law, in cases involving divorce, child custody, and property disputes among Muslims.
Is there any free Syariah lawyer available in Malaysia?
Yes, there are some organizations providing free legal aid in Malaysia including for Syariah law matters. The Malaysian Bar runs the National Legal Aid Foundation (YBGK) which offers free legal representation for criminal cases.
The Bar Council’s Legal Aid Centres offer free legal advice and representation for civil cases to those who cannot afford it. They might not specifically be Syariah lawyers, but they can provide legal advice on matters including family law and personal status matters, which can fall under Syariah law. However, their services depend on the financial eligibility of the applicants.
Moreover, there are NGOs and other organizations like Women’s Aid Organisation (WAO) that provide free legal advice and consultation related to family and Syariah law matters. It is recommended to contact these organizations directly for more detailed information.
Where can I find the Syariah lawyer near me in Malaysia?
Shah Alam, Kuala Lumpur, Melaka, Penang, Johor Bahru, Ipoh, Kota Bharu, and Kuantan are all popular areas where the demand for Syariah lawyers is high. These regions are actively seeking professionals who specialize in Syariah law.
Finding a Syariah lawyer in Malaysia can be done through several methods:
Online Directories
Websites such as the Malaysian Bar Council (www.malaysianbar.org.my) have extensive directories of lawyers in Malaysia, including Syariah lawyers. You can search by area of practice, location, or name.
Law Firms
Many law firms in Malaysia have Syariah lawyers. Simply search online for law firms in your area and check their websites to see if they offer Syariah law services.
Personal Recommendations
If you know anyone who has used a Syariah lawyer in the past, ask them for a recommendation. Personal recommendations can often provide reliable information about a lawyer’s competence and professionalism.
Legal Aid Centers
Legal aid centers in Malaysia may be able to provide a list of Syariah lawyers. Check with local legal aid centers in your area.
Online Search
Simply searching “Syariah lawyer in Malaysia” on a search engine can yield numerous results. You can then visit the websites of these lawyers to learn more about their services and qualifications.
Remember to do thorough research and potentially conduct interviews before choosing a lawyer to ensure they are the best fit for your needs.
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, having experience in 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 laywers 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, to pass the Certificate in Legal Practice (CLP), and 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). Membership in the Malaysian Bar or the Malaysian Shariah Lawyers Association varies based on qualifications. There is a potential establishment of a Shariah Bar to standardise the admission process across states.
The Malaysian Bar’s Syariah section lists law firms specializing in Syariah law. The listed firms, which 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.