KUALA LUMPUR: Sultan of Selangor Sultan Sharafuddin Idris Shah today said that he has no intention to get involved in the ongoing polemics on the Federal Court’s recent decision in declaring 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019 null and void.
“There are arguments that provide the true impact of the court’s decision on the case, but there are also comments based on certain interests to the extent of confusing the Muslims in the country.
“Some have even described the Federal Court’s decision as the ‘Black Friday’ moment for Syariah criminal law in this country. I do not intend to get involved in those polemics,” Sultan Sharafuddin who is also chairman of the National Council of Islamic Religious Affairs (MKI) said when presiding over the 71st meeting of MKI in Putrajaya today.
On Feb 9, the Federal Court in an 8-1 majority decision allowed an application by two Muslim women to nullify 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019.
The landmark decision was delivered by Chief Justice Tun Tengku Maimun Tuan Mat who led a panel of nine judges.
Tengku Maimun ruled that Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, 48 of the Kelantan Syariah Criminal Code (1) Enactment 2019 are null and void.
Chief Justice of Sabah and Sarawak Datuk Abdul Rahman Sebli dissented.
The other panel members are Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, Chief Justice of Malaya Tan Sri Mohamad Zabidin Mohd Diah, and Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan and Datuk Abu Bake Jais.
Nik Elin Zurina Nik Abdul Rashid, who hails from Kelantan, and her daughter, Tengku Yasmin Nastasha Abdul Rahman filed the petition to the Federal Court under Article 4(4) of the Federal Constitution and named the Kelantan government as the sole respondent.
The two women challenged the constitutionality and legality of 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019 claiming that the Kelantan State Legislative Assembly (DUN) does not have the authority to legislate on the 18 offences because there is a Federal law that covers such offences. – Bernama
