Malaysia’s High Court will hear next month a test case by a counsel who is challenging the requirement that an Islamic Shariah lawyer in the country must be a Muslim.

The court is also set to hear an application by the Federal Territory Islamic Religious Council to strike out the judicial review application on grounds that the civil court has no jurisdiction to hear the matter.

Victoria Jayaseelee, a non-Muslim had on 14th May succeeded in her leave application to get the High Court to hear her case to compel the council to admit her as a Shariah lawyer.

In her judicial review application filed on 19th May, she sought a declaration that the rule that mandates that only Muslims be accepted as Shariah lawyers, is beyond the powers of the Administration of Islamic Law (Federal Territories) Act 1993.

She is seeking a declaration that the same Rule is in contravention of several provisions of the Federal Constitution over equality, personal liberty and right to form associations and is, as a on sequence, void.

Victoria Jayaseelee, 48, contended that refusal by the council to process her application on the basis that she is not a Muslim was illegal, irrational, unreasonable and in excess of its jurisdiction.

In her court papers, she stated that she has a Diploma in Shariah Law and Practice from the International Islamic University Malaysia, in addition to a University of London law degree.

She claimed that the council, through the Shariah Lawyer Committee, had rejected her application to practise as a Shariah lawyer solely because she was not Muslim.