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 / 1w

‘We will learn from past mistakes and return stronger’ – Steven Sim

Malaysia / 1w

PRNNS: Of voter turnout and last-minute decisions by fence-sitters

Malaysia / 2w

Bersatu’s future in PN hangs in the balance as internal cracks widen, says analyst

Malaysia / 2w

PAS and UMNO will not be ‘hugging and kissing’ for long - Muhyiddin

Malaysia / 2w

Muhyiddin says UMNO-PAS rivalry will return despite current BN-PN cooperation

Malaysia / 2w

PH: PAS-UMNO unity narrative an old political script that failed before

Spotlight

Malaysia

Teacher arrested after allegedly assaulting 14-year-old student and slapping his mother

Malaysia

Untreated mental illness worsened teen’s condition, court hears

Malaysia

Anwar cherishes heartfelt painting gifted by child at Negeri Sembilan event

Malaysia

Rocky’s death: I had no intention to harm any animal – says man at the centre of storm

By Alfian Z.M. Tahir

Malaysia

Inspector, policewoman plead guilty to khalwat

Malaysia

SARA aid may be expanded to put healthier food within reach of all Malaysians

Malaysia

Rescue efforts ongoing after fisherman finds cats abandoned off Pulau Ketam (video)

By Alfian Z.M. Tahir

Malaysia

Kelana Jaya LRT train breaks down, passengers stranded on tracks (video)

By Alfian Z.M. Tahir

You may be interested

Malaysia

Malaysia - Hong Kong step up fight against cross-border competition breaches

Malaysia

Lorry driver fined RM9,000 after eight-vehicle crash on North-South Expressway

Malaysia

SARA aid may be expanded to put healthier food within reach of all Malaysians

Malaysia

Unhealthy air spreads across Malaysia as Sarawak and Klang Valley bear brunt

Malaysia

Inspector, policewoman plead guilty to khalwat

Malaysia

Kedah MB calls on NSC to assist relocation of residents from special security zone

By Ian McIntyre

Malaysia

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia

Crypto investor weighs Forest City tech campus revival after Network School shutdown