WHILE Umno and PAS leaders are clearly upset over the recent landmark ruling by the Federal Court on affirming the supremacy of federal law over state enactments, one lawyer alleged that only those with vested interest are agitated by it.
“There were confusions in the past but the Federal Court ruling has cleared Tok Mat’s (Datuk Seri Mohamad Hasan) confusion.
“The Federal Court has clearly defined the boundaries of our Syariah courts. Only dissatisfied individuals with vested interests are turning it into a confusion,” said lawyer-activist Siti Kasim, in a Facebook post.
Three days ago, the Federal Court has ruled that the Selangor state legislature is not allowed to pass Syariah Enactments that makes it an offence to engage in “unnatural sex”.
In making the verdict, Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member bench, said the power to enact criminal laws lies with the Parliament, not state legislatures.
With that, the senior judge ruled that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, which allows for punishment for “unnatural sex”, is unconstitutional.
“The enacted section is also in contrast with the State List under the Federal Constitution. As such, Section 28 is inconsistent and void,” Tengku Maimun was reported saying.
Following the verdict, Hasan opined that the ruling would open the “floodgates of confusion” pertaining to the powers of Syariah courts and civil courts in Malaysia.
“If we study the matter thoroughly and critically, there is no doubt that the ruling will bring confusion on defining the jurisdiction of Syariah and civil laws in dealing with a crime.
“This includes the harmony between our civil and Syariah courts, as well state Enactments and the Federal Constitution,” he was reported saying.
Stop targetting minorities
Online news portal Free Malaysia Today reported PAS secretary general Datuk Seri Takiyuddin Hassan as saying that the public not to challenge any other state enactments in court saying “it would not benefit the country”.
Meanwhile, Siti lashed out at the Selangor Islamic Religious Department (Jais) for using heavy-handed tactics to trace cosmetics entrepreneur, Nur Sajat.
“What’s wrong with these people? These so-called religious people got nothing worthwhile to show except to target the minority.
“Their actions are really insulting the religion…122 people to find Sajat? Waste of resources and time. Are they trying to catch Thanos? Leave her alone,” she said.
On Feb 24, Jais obtained an arrest warrant against Sajat, a transgender, for failing to attend a court proceeding in relation to a case three years ago.
With that, Jais director Datuk Mohd Shahzihan Ahmad had deployed about 122 personnel and enforcement officers to nab her.
Sajat was charged under Section 10 (a) of the Shariah Crimes (State of Selangor) Enactment 1995 for insulting Islam, which provides for a sentence not exceeding RM5,000 or imprisonment not exceeding three years, or both, if convicted. – Feb 28, 2021.
Photo credit: Malay Mail