PUTRAJAYA, Feb 9 — After the Federal Court struck down 16 out of 18 provisions under the Kelantan Shariah criminal enactment as unconstitutional, PAS secretary-general Datuk Seri Takiyuddin Hassan described today as “Black Friday” as the decision, he claimed, has questioned the integrity of the Sultan of Kelantan.
Takiyuddin, who is also the Kota Baru MP, said a nationwide protest will be held to defend the royal institution.
“We are very sad today. This is a Black Friday. Black Friday as the decision was against Islamic Shariah law. When one Shariah law in one state is cancelled, it also affects the same laws in other states, 14 more states, are in a very dangerous and critical situation.
“This is not a small matter, defending syariah means defending the institution of the King who is the head of the State’s Islamic Religion,” he said in a press conference outside of the Federal Court, here.
“Originally, 20 Sections in this enactment listed as invalid and void because the Kelantan State Assembly has no authority to make this law. However, when the state assembly passes this law, the enactment must be approved by the Sultan of Kelantan. So the meaning of this law has been approved by the Sultan of Kelantan.
“The Shariah court in Kelantan is big and beautiful, but the law is annulled, that’s the situation we need to understand as Malaysians, especially Kelantanese, have a reason for Sharia criminal law. This is state law,” he added.
In Kelantan, the Sultan is the head of the Islamic religion which includes passing Shariah provisions in the state.
Takiyuddin said Opposition MPs will raise this controversial issue in the Dewan Rakyat when it reconvenes end of this month.
“I understand that many members of our Parliament will raise questions related to challenges to Shariah law in the states and we know that at the federal level, there is a committee called the National Islamic Affairs Council, which is chaired by His Majesty the Sultan of Selangor. So we will also ask in Parliament what is the result of this committee. What have they done to protect the position of shariah law,” he said.
Earlier, the Federal Court has 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.
Chief Justice Tun Tengku Maimun Tuan Mat, who is leading a nine-member panel of judges, delivered 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 (l) 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.
