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15 - Access to Justice and Legal Aid in the Syariah Courts in Malaysia: A Colourful but Threadbare Patchwork System

from Part II - Comparative Perspectives on Access to Justice

Published online by Cambridge University Press:  29 September 2022

Helena Whalen-Bridge
Affiliation:
National University of Singapore
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Summary

Malaysia has a plural legal system in which civil non-religious law and Islamic/ Syariah law coexist and are adjudicated in different court systems. Indigent litigants with Syariah legal issues have some legal aid available, but the legal aid system is a colourful patchwork of limited assistance, with the different coloured threads being the different programmes offered by numerous organizations linked to government, professional associations, and civil society. While there is this colourful patchwork system in place, it is threadbare in the sense that it offers quite limited assistance with different prerequisites for eligibility, with the result that some people in need of legal advice and representation will not receive it. This chapter critically examines the different schemes of financial legal aid that provide access to justice, with a focus on Malaysia’s Syariah legal system. The chapter also reflects on how some structural aspects of the legal system, that is its plural and federal nature as well as the sentencing power, impact access to justice. It touches upon the contributions by lawyers as well as their professional associations to overcome these structural issues. It also reflects upon the legal and moral issues for lawyers representing criminal defendants in the Syariah criminal jurisdiction.

Type
Chapter
Information
The Role of Lawyers in Access to Justice
Asian and Comparative Perspectives
, pp. 276 - 295
Publisher: Cambridge University Press
Print publication year: 2022

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