Majlis Agama Islam Wilayah Persekutuan v. Victoria Jayaseele Martin and another appeal [2016] 2 MLJ 309
This landmark case raises the issue on whether a non-Muslim, Victoria Jayaseele Martin, can be admitted as Peguam Syarie to represent parties in any proceedings before the Syariah Court in Kuala Lumpur. The Federal Court delivered a split decision where 3 of the Federal Court judges decided that Rule 10 of the Shariah Lawyers Rules 1993 mandating that only Muslims can be admitted as Shariah lawyers is not unconstitutional. Mr. Benjamin Dawson acted as co-counsel in this matter.
Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri & Anor [2014] 4 MLJ 765 (“The Herald case”)
A seven-member panel delivered a 4-3 decision against the Catholic Church and upheld the Home Ministry’s ban on the use of the word “Allah” by Herald. Mr. Benjamin Dawson acted as co-counsel for the Catholic Church.
Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri & Anor [2010] 2 MLJ 122 (“The Herald case”)
This is another landmark constitutional and administrative law matter relating to the constitutional rights to freedom of religion and expression, the scope and reach of Article 3(1), rights of religious minorities and powers of the Minister under the Printing Press and Publications Act for which Mr. Benjamin Dawson acted as co-counsel. The High Court declared the decision of the Home Ministry in banning Herald from using the word “Allah” was illegal, null and void, but the Court of Appeal set aside the High Court decision. The Catholic Church’s motion for leave is pending at the Federal Court.
Lina Joy v. Majlis Agama Islam Wilayah Persekutuan [2007] 4 MLJ 585 Court of Appeal Citation: [2005] 6 MLJ 193
This landmark case was heard in the Federal Court. It involved constitutional and administrative law namely, the constitutional rights to freedom of religion and expression. Mr. Benjamin Dawson acted as co-counsel in this matter.
