Malaysia
Kelantan assembly approves plan to restore shariah enactments struck down by Federal Court
A general view of the Federal Court in Putrajaya August 23, 2022. The Kelantan legislative assembly has approved a motion to reintroduce 16 provisions of the Kelantan Shariah Criminal Code (1) Enactment 2019 that the Federal Court annulled on February 9. — Picture by Yusof Mat Isa

KUALA LUMPUR, March 6 — The Kelantan legislative assembly has approved a motion to reintroduce 16 provisions of the Kelantan Shariah Criminal Code (1) Enactment 2019 that the Federal Court annulled on February 9.

In a report by Malay daily Sinar Harian, the state exco overseeing Islamic affairs, Mohd Asri Mat Daud, said he will reintroduce the 16 enactments through a Special Committee for the Study of Criminal Enactment that will discuss all the involved before they were tabled anew.

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"We will bring it back to the state assembly. So we are confident that we can be appointed to Sultan (Muhammad V) after everything is finished," he was quoted as saying by the news portal when met after the state assembly sitting.

He did not specify a timeline for this, but said it could be as soon as after Hari Raya Aidilfitri.

According to the news portal, the motion was proposed by Wan Rohimi Wan Daud (PAS-Melor) and was approved unanimously in the assembly.

Tengku Yasmin Natasha Tengku Abdul Rahman and her lawyer mother, Nik Elin Zurina Nik Abdul Rashid, filed a petition on May 25, 2022, to challenge the constitutionality and validity of 18 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019.

The Federal Court decided in their favour and declared that 16 out of the 18 provisions to be invalid, as the Kelantan state legislative assembly had overstepped its powers or had no powers to make such laws.

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