Perlis mufti's stance on defence lawyers against basic human rights - Suhakam
The Human Rights Commission (Suhakam) has spoken out against Perlis mufti Mohd Asri Zainul Abidin's stance on defence lawyers, saying it was against basic human rights.
This is after Asri (above) said that it was sinful for a lawyer to defend someone they personally believe to be in the wrong.
In a statement released last night, Suhakam said the right to legal representation is guaranteed by the Federal Constitution and needs to be respected and upheld.
"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," the commission said.
It also echoed de facto Law Minister Wan Junaidi Tuanku Jaafár's response to Asri, that lawyers have no power to decide who is guilty or innocent, and that such matters are up to judges.
Asri made his remarks in a blog post last week, reportedly in response to queries from lawyers.
Study the cases first
The mufti said that defence lawyers must study cases before deciding to take one on.
If the lawyer is truly convinced that their client is innocent - even if others believe him guilty - then it is permissible to defend that client.
However, Asri said it was sinful for a lawyer to act on self-interest, arrogance, or for money to defend someone they believe to be in the wrong.
He said taking payment to defend the guilty was worse than prostitution.
Among the basis for his arguments was a hadith (sayings of Prophet Muhammad), which reads: "I am only a human being, and you people have disputes. Maybe some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favour according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only given him a piece of Fire (Hell)."
This Asri is talking through his nose. Imagine every lawyer who decides his potential client is guilty and he (lawyer) would not represent the accused. We can do away with the court process altogether. Wonderful isn't it?
ReplyDeleteThis reminds me of the Chief Judge who proclaimed that the muslim accused would not tell lies simply because the accused was a muslim. He (the muslim accused) was actually let off.
Wonderful, isn't it?