THE FEDERAL government is planning to call all stakeholders and those involved in the Syariah Court system to discuss measures to empower the Islamic court.
This comes in the wake of the Federal Court’s move this morning to strike down 16 Kelantan Syariah provisions as unconstitutional.
Minister in the Prime Minister's Department (Religious Affairs) Datuk Mohd Na'im Mokhtar said this in stressing that if there is a need to amend or reform the law related to the Syariah Court, it will be done immediately.
The former Syariah Court chief judge called on all parties to remain calm and not do any provocation.
In an immediate move, he has instructed the Islamic Development Department Malaysia (Jakim) and the Syariah Judiciary Department Malaysia (JKSM) to obtain the reasons for the apex court’s decision from the written judgement of the case for the purpose of further study and planning.
He assured that the Federal Court's decision on the petition mounted by two Muslim women who hail from Kelantan does not affect the position of the Syariah Court in Malaysia.
"The Prime Minister's Department (Religious Affairs) assures Muslims that the Syariah Court will be maintained, and its existence will continue to be guaranteed in accordance with the provisions of the Federal Constitution," he said in a webcast today.
Mohd Na'im also referred to the special committee set up in December last year to study the competencies of the state legislative assemblies in enacting Islamic laws.
He said the committee will study related issues and the jurisdiction of the Syariah Court as provided under the Ninth Schedule of the Federal Constitution.
"The outcome of the study, views and recommendations proposed by the special committee will be presented in the National Council for Islamic Religious Affairs of Malaysia and the Conference of Rulers," he said.
Mohd Na’im will also immediately request permission to appear before Yang di-Pertuan Agong Sultan Ibrahim, Deputy Yang di-Pertuan Agong Sultan Nazrin Shah, and the Sultan of Selangor, Sultan Sharafuddin Idris Shah as chairman of the National Council for Islamic Religious Affairs, as well as the Malay rulers to inform them of the Federal Court's decision in the case today.
"In line with the review of the reasons for the judgement of this case, which will be carried out immediately, further planning will be done as soon as possible to ensure that the agenda of improving and empowering the Syariah Court will continue in Malaysia,” he said.
Mohd Na'im added that some adjustments to existing plans will also be implemented in line with the outcome of the case.
Every possible space and opportunity for the empowerment of the Syariah Court will be implemented, he stressed.
Earlier today, the Federal Court's verdict was delivered by Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges.
The decision was over the petition by Nik Elin Zurina Nik Abdul Rashid, who is a lawyer, and her daughter Tengku Yasmin Nastasha Abdul Rahman.
The duo had challenged the constitutionality and validity of 18 provisions under the Kelantan Syariah Criminal Code (l) Enactment 2019.
They contended that the state provisions addressing syariah offences, encompassing acts such as incest, gambling, sodomy, and sexual harassment, were deemed invalid since these matters are already addressed by federal law.
Sixteen of the provisions were declared unconstitutional by the panel. – The Vibes, February 9, 2024
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