KUALA LUMPUR, Oct 23 — Kota Baru MP Datuk Seri Takiyuddin Hassan today demanded the religious affairs minister explain the federal government’s decision not to intervene in the constitutional challenge raised by lawyer Nik Elin Zurina Nik Abdul Rashid against the Kelantan state government.
Takiyuddin claimed the minister Mohd Na’im Mokhtar made a promise on September 18 to provide a written parliamentary reply but had yet to do so.
“I am disappointed in the religious affairs minister, the one minister who has no deputy minister, who promised me on September 18 to provide a written reply as to why the government did not intervene in the Nik Elin Zurina Nik Abdul Rashid vs Kelantan case.
“It will not only defend the Shariah crime enactment in Kelantan, but all 14 states as well,” he said in the Dewan Rakyat while debating the Supply Bill 2024.
The PAS secretary-general claimed that if Nik Elin’s constitutional challenge were to proceed, it would nullify not only Kelantan’s Shariah criminal enactments but the other 14 states.
He also claimed that the outcome would mean that state legislative assemblies do not have the authority to enact Shariah criminal laws.
“That’s very serious. But until now the minister still hasn’t provided a reply. I demand this. I don’t think he is a person who doesn’t fulfil his promise,” the federal Opposition lawmaker said.
Takiyuddin also likened Nik Elin’s legal challenge of the Kelantan criminal code to challenging the religion, race and the royal institution, dubbed the 3Rs and which the police have warned the public not to question.
“Now the case is pending a decision at the Federal Court. For us, this is something that clashes with the 3R.
“The Kelantan Sultan has voiced out on the matter, the Selangor Sultan who is the chairman of the National Council of Islamic Religious Affairs has said that action should be taken including repealing the law to address this case,” he said.
He then said the prohibition against questioning the 3Rs were too vague and demanded clarity.
“What type of offences is included? Anything about religion? Anything about the royalty? Anything about race?
“If laws can be made to address this, I agree, so that the matter is clarified,” he said.
Nik Elin, a lawyer, and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman, sued the PAS-controlled state in May to nullify and void 20 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019.
They claimed the Kelantan legislative assembly has no powers to make criminal laws, and cited Article 4(4) of the Federal Constitution.
Under Article 4(4), the validity of any laws made by Parliament or state legislature can be questioned in court.
In August, a panel of nine Federal Court judges heard a constitution review of 20 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 as part of the proceedings for Nik Elin’s case and was reported saying that there was no dispute arising over Islam as the official religion of the federation in the hearing.
