I DREAD to think what will happen to our country if religious figures like Perlis mufti Datuk Dr Asri Zainul Abidin have major say on the matter of law and order.
I agree with the Law Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar that a person is innocent until proven guilty – this is how our legal system and the judiciary work.
Lawyers, true to the ethics of their profession and oath, must defend their clients irrespective of whether they are deemed guilty or innocent before the court decides.
It is up to the judges to decide on the cases before them on the basis of facts.
Asri thinks that lawyers should not defend persons who in their mind are supposed to be guilty of crimes.
How they are going to determine the innocence or guilt of their clients before the actual court process baffles me.
It is nothing wrong or unethical or un-Islamic for lawyers to charge fees because guilt of their clients has not been established.
However, if those lawyers who approached Asri are uncomfortable in taking cases of clients who they might be guilty, then they must have chosen the wrong profession in the first place.
Maybe before they can accept their prospective clients, they should seek the advice of Asri to ascertain the guilt or the innocence of their clients.
Even lawyers themselves are not in any unique position to determine the guilt or innocence of their prospective clients.
Maybe Asri has the formula to determine whether the lawyers should accept clients or not.
Once lawyers have taken up the cases of their clients, they receive fees for services rendered.
If lawyers are not in the know about guilt or innocence of their clients, how would they know if the money they receive for their services are tainted or not?
Asri pretends that he knowledgeable about most matters from an Islamic perspective and thinks that he is a champion of Islam in the country.
It was he who recently could not accept the fact of the reunion of single mother Loh Siew Hong with her three underaged children.
It was he who blindly defended the archaic Perlis state enactment on religious conversions despite the fact that it was ultra vires the Constitution of the country.
Lawyers belong to a noble profession. They are supposed to defend the weak and innocent; whether they are guilty or innocent will ultimately be determined by the courts.
The courts are the guardians of justice. It is an institution that checks and balances unfettered power and abuse.
Contrary to Asri’s bizarre statement, lawyers are not in a position to determine the innocence or guilt of their clients beforehand.
If some lawyers think that they are better judges of a person’s guilt or innocence they might have chosen the wrong profession after all. – April 21, 2022
Prof Ramasamy Palanisamy is the state assemblyperson for Perai. He is also deputy chief minister II of Penang.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
