RELIGIOUS Affairs Minister Senator Datuk Dr Mohd Na’im Mokhtar has underscored the unwavering position of shariah courts in Malaysia, emphasising their status as constitutionally protected entities.
This affirmation comes in response to the Federal Court’s decision to invalidate 16 provisions within the Kelantan Syariah Criminal Code (I) Enactment 2019, citing their inconsistency with the federal constitution.
In a statement addressing the matter, Na’im assured the Muslim community that the integrity and continuity of shariah courts remain steadfast in alignment with the Federal Constitution’s provisions.
“I will also immediately convene all relevant stakeholders and parties involved with the shariah courts to discuss and evaluate the next steps to strengthen the shariah courts.
“If there is a need to make any amendments or legal reforms, we will do so promptly,” he said.
Moreover, Na’im expressed his intention to seek an audience with Yang di-Pertuan Agong (YDPA) Sultan Ibrahim and YDPA Deputy Sultan Nazrin Shah to apprise them of the court’s ruling.
“I will request an audience immediately with the King and (his deputy) Sultan Nazrin Shah to inform them of the court’s decision today.”
Meanwhile, Chief Justice Tun Tengku Maimun Tuan Mat announced the Federal Court’s decision, reaching a majority of 8-1.
She stated that the Kelantan legislative assembly overstepped its authority by passing provisions that fell within the purview of federal law as the offenses in question were covered under federal jurisdiction.
Furthermore, the constitutional challenge was initiated in 2022 by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman.
Their petition questioned the assembly’s competence to enact legislation on criminal matters, arguing that such authority solely rested with the Dewan Rakyat while state assemblies were limited to laws pertaining to the Islamic faith. – Feb 9, 2024
Main photo credit: Kosmo Digital
