Malaysia

Federal Court reserves judgement over bid to nullify Kelantan shariah provisions

Chief justice says this after nine-person bench heard oral submissions

Updated 2 years ago · Published on 20 Nov 2023 12:45PM

Federal Court reserves judgement over bid to nullify Kelantan shariah provisions
The duo filed their challenge on May 25 directly at the Federal Court via Article 4(4) of the federal constitution. – SYEDA IMRAN/The Vibes file pic, November 20, 2023

by The Vibes Team

THE Federal Court in Putrajaya today reserved judgement over a bid by Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 18 Kelantan shariah criminal provisions.

Chief Justice Tun Tengku Maimun Tuan Mat, who presided over the nine-person bench, said this after hearing oral submissions by amicus curiae (friends of the court) Sisters in Islam and the Federal Territories Islamic Religious Council.

The plaintiffs filed their challenge on May 25 directly at the Federal Court via Article 4(4) of the federal constitution, with the Kelantan government named as the respondent.

The Federal Court has exclusive jurisdiction to decide such questions, based on Article 128(1)(a) of the federal constitution.

After hearing arguments from lawyers for both the two women and the Kelantan government, Federal Court judge Datuk Vernon Ong Lam Kiat had, on September 30, allowed the pair to commence their legal challenge.

Among the 18 provisions include Section 5 (false claims); Section 13 (selling or giving away a child to a non-Muslim or morally reprehensible Muslim); Section 14 (sodomy); Section 16 (sexual intercourse with a corpse) and Section 17 (sexual intercourse with a non-human).

The other members of the panel are Court of Appeal president Tan Sri Amar Abang Iskandar Abang Hashim, Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman bin Sebli, Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.

Nik Elin and her daughter were represented by counsels Datuk Malik Imtiaz Sarwar and Surendra Anath, while Datuk Kamaruzaman Muhammad Arif appeared for the Kelantan Islamic Religious Affairs Department. 

Following the court's decision, PAS supporters gathered near the Palace of Justice in Putrajaya as part of the Gerakan Selamatkan Shariah rally began to leave.

The crowd had swelled up to over 2,500, including those who came all the way from Kelantan, Kedah and Terengganu. 

Also present were Kelantan Menteri Besar Datuk Mohd Nassuruddin Daud, PAS vice-president Datuk Seri Idris Ahmad, PAS secretary-general Datuk Seri Takiyuddin Hassan and former Ketereh MP Tan Sri Annuar Musa, who began gathering from as early as 8am. – The Vibes, November 20, 2023

Related News

Malaysia / 18h

PAS to discuss position in PN with Gerakan, MIPP this week

Malaysia / 1d

PAS-UMNO meeting a positive step in line with new political dynamics – Zahid

Malaysia / 1d

PAS ends political cooperation with Bersatu

Malaysia / 1w

Future cooperation between PAS and Bersatu determined next Monday - Annuar Musa

Malaysia / 1w

Failure to pay office rental: Nothing but slander' - Tuan Ibrahim

Opinion / 1w

GE16: A tough battle ahead for PH

Spotlight

Malaysia

Anwar congratulates Modi on becoming India's longest-serving elected PM

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

People

Malay kampongs in Bangkok: Echoes of southern heritage in Thailand’s capital

Opinion

Johor MB’s exclusionary rhetoric betrays the people, exposes UMNO’s political hypocrisy

Malaysia

Johor and NS polls first major test of post PAS-Bersatu political order

Malaysia

Claimed installation of 12th N. Sembilan ruler invalid - Pengelola Bijaya Diraja

Malaysia

4WD driver who drove backwards on highway nabbed, positive for drugs (video)

By Ian McIntyre

Malaysia

Seven in ten Malaysian workers earn RM5k or less - economist

You may be interested

Malaysia

BN banking on Malay vote strategy that delivered 40-seat Johor win, says analyst

By Alfian Z.M. Tahir

Malaysia

Claimed installation of 12th N. Sembilan ruler invalid - Pengelola Bijaya Diraja

Malaysia

Fatal road accidents claim at least 16 lives in little more than a week

Malaysia

PAS cites unity and political stability in decision to end cooperation with Bersatu

Malaysia

Anwar congratulates Modi on becoming India's longest-serving elected PM

Malaysia

4WD driver who drove backwards on highway nabbed, positive for drugs (video)

By Ian McIntyre

Malaysia

PAS-UMNO meeting a positive step in line with new political dynamics – Zahid

Malaysia

Human skull recovered from Johor waters after becoming entangled in fishing net