Minister: Sanctity of Shariah courts intact following Federal Court's ruling Kelantan criminal enactment's provisions as unconstitutional

KUALA LUMPUR, Feb 9 — Minister in the Prime Minister’s Department Datuk Mohd Na’im Mokhtar assured all Muslims that the Shariah Court’s authority is still intact following this morning’s Federal Court ruling on the powers and provisions of the Kelantan State Legislature.

The Federal Court today struck down 16 out of 18 provisions under the Kelantan Shariah criminal enactment as unconstitutional, ruling that the Kelantan State Legislature does not have the power to enact laws on said offences because there are federal laws covering the same.

Na’im said his department had requested the Judge’s reasons for judgement and will take the necessary steps thereafter including meeting with Perak’s Sultan Nazrin Muizzuddin Shah the Deputy Yang di-Pertuan Agong and the Sultan of Selangor who is also the chairman of the National Council for Islamic Religious Affairs (MKI).

“The ministry takes note of the Federal Court’s decision on Nik Elin Zurina Binti Nik Abdul Rashid and another case. I’ve instructed Jakim (Department of Islamic Development Malaysia) to get the written judgement as soon as possible.

“Meanwhile the status and position of the Shariah Court’s is still guaranteed as stated in the Federal Constitution. We will study the ruling and find ways to empower the Shariah courts. All stakeholders involved with the Shariah Court will be called to give their input and if there are any amendments or law reforms that need to be done, we will do it immediately.

“Former Chief Justice Datuk Seri Zaki Tun Azmi as the chairman of the Special Committee to Review the Competency of the State Legislative Assemblies (DUN) to Enact Islamic Laws will also be called to study these issues as well as the jurisdiction of the Shariah Court’s,” he said in a statement.

Naiim said all suggestions and proposals will be discussed with the Conference of Rulers at an MKI meeting and he urged all parties not to make any provocative statements that could cause civil unrest.

In this morning’s Federal Court ruling, Chief Justice Tun Tengku Maimun Tuan Mat led a nine-member panel of judges, delivering the majority verdict of 8-1 in the constitutional challenge filed by two Muslim women.

Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli was the only judge who dissented or disagreed with the majority.

Nik Elin Zurina Nik Abdul Rashid, a native of Kelantan, along with her daughter Tengku Yasmin Nastasha Abdul Rahman, filed a petition directly with the Federal Court under Article 4(4) of the Federal Constitution, naming the Kelantan government as the sole respondent in this case.

The duo are challenging the constitutionality and validity of 18 provisions under the Kelantan Syariah Criminal Code (left) Enactment 2019, claiming that the Kelantan State Legislature does not have the power to enact laws on these offences because there are federal laws covering the same.

Through the court challenge, the two women are seeking the Federal Court to declare that 18 provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 are invalid, arguing that the Kelantan state legislative assembly had overstepped its powers or had no powers to make such laws.