PRESS STATEMENT
KUALA LUMPUR (26 APRIL 2022) – The Human Rights Commission of Malaysia (SUHAKAM) expresses grave disappointment with the remarks by the Mufti of Perlis, Datuk Dr Mohd Asri Zainul Abidin (also known as Dr Maza), on Muslim lawyers “that Islam forbade them from protecting wrongdoers or sinners, adding that it was sinful and haram for them to accept service payment from offenders”.
The law is that Article 5(3) of the Federal Constitution guarantees the right to be represented by a legal practitioner of a person’s choice, and Article 8 provides constitutional protection, whereby all persons are equal and are entitled to equal protection by the law. Access to justice is a basic human right and an important element in any legal system.
SUHAKAM supports the statement by the Minister in the Prime Minister’s Department (Parliament & Law), YB Dato’ Sri Dr Haji Wan Junaidi Tuanku Jaafar that “lawyers had no power to declare whether a person was guilty or innocent” and “only judges have the authority on the matter”.
In furtherance to this, SUHAKAM reiterates its call that necessary steps should be taken to ensure that the fundamental, and constitutionally guaranteed, right to legal representation is upheld. Access to legal counsel is a cornerstone of our criminal justice system, and a crucial safeguard for the rights of a detained person. The right to be represented by a legal practitioner of a person’s choice, is a basic human right that needs to be respected. A person is presumed to be innocent until proven guilty and as such he is entitled to legal representation and the right to be defended in a court of law.
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Human Rights Commission of Malaysia (SUHAKAM)
26 April 2022
Media queries: Contact Mrs. Norashikin Hamzah at 03-2612 5687 / 019-621 5336 or shikin@suhakam.org.my
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