By IIUM Legal Aid Club
“No one’s left behind.”
The wealthy often have the privilege of shaping their destiny, sometimes even appearing innocent despite being in the wrong. In contrast, the poor are too often forced to accept whatever fate is imposed upon them, branded as wrongdoers despite their innocence. The phrase “no one’s left behind” perfectly captures the fight against such social injustice. It represents the very essence of legal aid services, which were established to support the poor and the needy by providing them with a one-stop centre for impartial legal advice and representation.
In every democratic country, justice should never be the privilege of the rich alone. Everyone deserves to appoint a lawyer because legal representation is an essential safeguard in the protection of an individual’s rights. This right is expressly guaranteed in Article 5(3) of the Federal Constitution, which provides that where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. The provision reflects a constitutional guarantee designed to uphold the rule of law and protect individuals from injustice. It underscores that access to legal representation is not a privilege reserved for the affluent, but a fundamental right accorded to every person, thereby reinforcing the notion that justice must be both accessible and impartial.
This objective can only be achieved if legal aid is made available, particularly in cases that are not driven by business or profit. Malaysia is a peaceful country that values justice and equality, as reflected in the decision of both the Government and the Bar Council to provide legal aid to the people. The Government does this through the Legal Aid Department, established in 1970 in every state, while the Bar Council offers assistance through its Legal Aid Centres across West Malaysia.
For the sake of clarity, whenever reference is made to the Legal Aid Department in Malaysia, it refers to the Government-funded Legal Aid Department, while the term Legal Aid Centres refers to those established by the Bar Council. The Government’s legal aid, administered under the Legal Aid Act 1971, does not cover representation for individuals charged with criminal offences who intend to claim trial, as restricted by Section 10 of the Act, and it is fully funded by the Government. In contrast, the Bar Council’s Legal Aid Centres operate under the Legal Profession Act 1976, and they do represent individuals charged with criminal offences who intend to claim trial, but unlike the Government’s scheme, they are not government-funded and instead rely on contributions from lawyers themselves.
A living example of the spirit of legal aid is Dato’ Ahmad Zaharil Muhaiyar, famously known as the “Pencil Box Lawyer” for his generosity and compassion in handling a case back in 1998. The case involved an Indian mother accused of stealing a pencil case worth RM18 from a supermarket. When she was brought before the court presided over by Dato’ Ahmad Zaharil, he personally asked her why she had committed the offence. The woman explained that she had promised her son a reward if he became a top student in school. Due to financial hardship, she could not afford the pencil case he wanted and resorted to stealing it in order to keep her promise.
Moved by her circumstances, Dato’ Ahmad Zaharil chose to represent her as her lawyer. He even went the extra mile by visiting the school to verify her son’s achievement, which was confirmed. The Magistrate eventually released the woman on a one-year good behaviour bond. For Dato’, the key consideration was not merely the offence, but the severe consequences the child would suffer if his mother were imprisoned over such a minor matter. His decision reflected compassion, humanity, and a deep concern for justice beyond technicalities. Importantly, his help was not driven by the race of the accused, but by the principle of preventing unnecessary hardship to her child, showing the true meaning of legal aid in practice. Years later, the son of the woman he helped became a lawyer, inspired by Dato’ as his role model demonstrating that an act of kindness today can shape the future of others.
To this day, Dato’ Ahmad Zaharil is regarded as a respected figure for his consistency in sharing legal advice in a casual and approachable manner on social media. His efforts in spreading awareness not only help people understand how the law works, but also provide logical explanations for cases that might otherwise seem complicated. As a true embodiment of legal aid, his contribution reminds us of the reality that access to legal advice is essential for the community to act justly and make the right decisions. However, legal advice from an expert often comes at a high cost, sometimes reaching thousands of ringgit which is beyond the means of many. This is precisely where free legal aid plays its vital role.
The services are mainly aimed at the poor, but eligibility depends on meeting certain financial requirements. For instance, the Legal Aid Centre Selangor (LACS) specifies that a single person must have a monthly income which after deducting necessary expenses, must not exceed RM500, while a married couple must not exceed RM900, to qualify for assistance. It is also important to note that legal advice in Malaysia is generally not free, as lawyers usually charge fees that vary depending on the complexity of the case. However, the Legal Aid Department provides advice for only a small registration fee and offers assistance in a wide range of legal matters under Malaysian law.
By enabling marginalized and low-income individuals to obtain representation, legal aid plays a crucial role in reducing social inequalities and ensuring that all are treated with dignity and respect before the law resulting in the prevention of wrongful evictions, unfair dismissals, domestic violence issues and many more. It must also be noted that legal aid is not a one-sided benefit, as the country itself gains economic advantages in the long run and investing in legal aid can save costs for both the government and society. For example, protecting individuals in dangerous family situations or preventing crime escalation can help reduce expenses in social services, policing, and healthcare.
Recognizing that the younger generation is shaped by the realities of society, the authorities began establishing legal aid clinics in universities. These clinics are usually run with the involvement of law students, under the close supervision of qualified legal professionals. One institution that has taken this initiative seriously is the International Islamic University Malaysia (IIUM). Since 2000, the Ahmad Ibrahim Kulliyyah of Laws (AIKOL) has operated its own legal clinic, coordinated by an appointed lecturer from the Kulliyyah.
The clinic provides guidance and legal advice to vulnerable groups, particularly single mothers and children from both the IIUM community and the surrounding Gombak area. At the same time, it serves as a platform for lecturers to enhance their practical expertise, especially in interpreting and applying existing legal provisions to real-life problems. Hence, university legal aid clinics represent a vital mechanism that not only advances access to justice and equality but also fosters professional development by nurturing the next generation of lawyers to serve society with integrity and compassion.
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