KOTA BARU, Nov 27 — The Kelantan State Legislative Assembly unanimously affirmed its authority in enacting offences under Shariah law, including the Kelantan Syariah Criminal Code (1) Enactment 2019 (Enactment 14), today.
The motion was submitted by Melor assemblyman Wan Rohaimi Wan Daud and unanimously approved without discussion before the State Legislative Assembly Speaker Datuk Mohd Amar Nik Abdullah.
“The agreement among the 11 states formed the Federation of Malaysia. As a result of lengthy and complex negotiations with the British colonisers, Islam is recognised as the religion of the Federation through Article 3(1) of the Federal Constitution.
“The compromise among the 11 sovereign states, especially the nine Malay states that uphold the rule and sovereignty of the Sultans and Rulers as the custodians of the religion, gave rise to a power compromise in the formation of the country’s Constitution,” he said, adding that this led to the emergence of two lists of authority involving the states and the Federation.
He said this at the 15th Kelantan State Legislative Assembly at Kota Darulnaim Complex, here today.
Wan Rohaimi stated that this situation led to the creation of the Ninth Schedule containing the state, federal and concurrent lists (of subjects on which the state governments and the federal can legislate) that allow for the administration of Islamic affairs by the states, empowering them to govern the religious matters involving the worshippers based on Shariah legislation.
“Based on understanding and compromise and in line with the previous legal positions, the Federal Court recognises the authority of the state legislative assemblies in enacting Shariah offences as stipulated in the state list.
“This position empowers the Syariah Enactment to operate concurrently, but these enactments apply only to Muslims,” he added.
Mohd Amar said he accepted the motion based on three conditions: necessity, public interest and urgency. — Bernama
