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
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