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FatwaSelangorCrime & Sharia Law

Hukum Peguam Syarie Bukan Islam

Can a non-Muslim be a Syarie lawyer?

Short answer

A gazetted Selangor fatwa of 2011 rules that non-Muslims are not permitted to become Syarie lawyers.

SelangorGazetted

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Selangor State Mufti Department
Status
Gazetted
Series
Keputusan Fatwa Diwartakan
Topic
Crime & Sharia Law

Gazette evidence in the source: Sel. P.U. 21

Summary

A gazetted Selangor fatwa of 2011 rules that non-Muslims are not permitted to become Syarie lawyers. A Syarie lawyer must be a Muslim and skilled in Islamic law. The reasons given are that the lawyer acts as an officer of the Syariah Court who argues from Islamic legal sources and Arabic reference works, and that assigning this role to a non-Muslim could lead to misinterpretation of the law. The fatwa also cites the interests of Muslims and consistency with other states that require Syarie lawyers to be Muslim.

Written in our own words from the original fatwa — check the source before acting on it.

Orang yang bukan Islam tidak dibenarkan menjadi Peguam Syarie berdasarkan alasan-alasan berikut:

Excerpt from the original fatwa · Selangor

Read the full fatwa on the Selangor website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Selangor State Mufti Department. “Hukum Peguam Syarie Bukan Islam”, date not stated. https://www.muftiselangor.gov.my/2023/10/28/hukum-peguam-syarie-bukan-islam/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/can-non-muslim-be-syarie-lawyer/

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Evidence cited

Quran verses

  • Ali Imran 3:118
  • An-Nisa' 4:138
  • An-Nisa' 4:139