Malaysia
Every provision in Shariah laws must be in line with Federal Constitution, says panellist
Panellists (from left) Mat Wi Abd Rahman, Wan Adam Al Baqir Mohd Nordin and Nik Saiful Adli Burhan are seen at the Jiwa Madani Forum on Elevating the Status of Shariah Court in Malaysia in Kota Baru March 21, 2024. — Bernama pic

KOTA BARU, March 21 — Every provision proposed and enacted at the Shariah Court legislation level must be in line with the Federal Constitution to avoid disputes and problems among people in this country.

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Advocate and solicitor of the High Court of Malaya Nik Saiful Adli Burhan said this is because if there are matters that contradict the Federal Constitution, they will be deemed null and void.

"My advice is that we should not easily be swayed by the words of politicians regarding the country’s legislation because it is already enshrined in the Federal Constitution.

"The Federal Constitution is the supreme law of the country and must be respected by everyone regardless of political belief, party, status or occupation.”

He said as a panellist at the Jiwa Madani Forum on Elevating the Status of Shariah Court in Malaysia here today. The other panellist was senior assistant director of Kelantan Shariah Judiciary Department Family Support Division Wan Adam Al Baqir Mohd Nordin, while Kelatan Information Department officer Mat Wi Abd Rahman acted as moderator.

Prior to this, Deputy Minister in the Prime Minister’s Department (Religious Affairs) Zulkifli Hasan reported said that the government is always committed to enhancing shariah legislation in Malaysia in line with the Transformation Plan for Religious Affairs Towards Malaysia Madani 2023-2027, which is the primary reference document regarding the direction, planning, and management of Islamic affairs at the federal level.

Earlier, Yayasan Dakwah Islamiah Malaysia chief executive officer Zamri Zainal Abidin launched the forum which was attended by 378 participants from various government agencies.

In his opening speech, Zamri said the forum aimed at countering the negative public perception regarding the shariah legal system in the country, including the petition filed by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, against the Kelantan Shariah Criminal Code Enactment (1) 2019.

On February 9, the Federal Court, in a majority decision of 8-1, ruled that 16 provisions under the Kelantan Shariah Criminal Code Enactment (1) 2019 were null and void on the grounds that the State Legislative Assembly did not have the authority to legislate those provisions as there were federal laws covering the same offences. — Bernama

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