POLITICIANS from Kelantan have decried the PAS-dominated state assembly’s bid to re-enact 16 shariah provisions after they were declared as unconstitutional, and therefore null and void, by the Federal Court.
They described the move as backward and regressive, and going against the letter and spirit of federal law.
Former Kota Baru MP and ex-law minister Datuk Zaid Ibrahim said that he was caught by surprise by the move, although it is difficult to challenge the Federal Court.
The move is even more baffling as Barisan Nasional (BN) and Pakatan Harapan (PH) assented to the motion, thus seeming to have sided with the majority led by PAS in the assembly, he said.
“I am not going to say anything more as I believe what I say will not add value to this discourse. But it should not have happened,” he said.
A former Kelantan PAS veteran said that politicians must know their limits when they enter the country’s political fray as the issue of respecting the law and loyalty to the Malay rulers is paramount for any political practitioner.
The veteran, who declined to be named, citing the sensitive nature of the issue in local circles, said that PAS leaders must know their limits when it comes to the art of politicising, especially over both the common and shariah laws.
“They are once again taking Kelantan on a long road to isolation. We have paid the price of often trying to undermine the federal constitution, and our economy and the people have suffered as a result of it.
“There are avenues to address any misgivings. But to outright defy a Federal Court ruling is certainly not one of them,” said the veteran.
He said that the state assembly in Kelantan should bide its time, as the Conference of Rulers is still digesting the outcome of the decision to annul 16 out of 18 provisions said to have contravened the supremacy of the federal constitution.
Focus on serving people
Amanah central committee member Hu Phang Chaw said that the issue is no longer about serving justice, but it is instead politicising shariah law for one’s mileage.
“If one studies the issue, there are two sets of laws for same criminal offences,” he said.
“In the Penal Code, the maximum sentencing for murder is life imprisonment of up to forty years but in shariah, it is reportedly up to three years only. The penalty comparison is wide.”
Hu said that PAS should go back to the basics of serving the people of Kelantan, which is growing the economy and focusing on the bread-and-butter aspects of governance.
“We must serve our spiritual needs, but no man can live without food, sun and shelter,” he said.
Hu said that it is difficult for any country to have two sets of law; there is respect for the family law of shariah but when it comes to criminal offences, there should be adherence to only one set of laws to ensure consistent and full justice for victims.
On March 6, the Kelantan assembly unanimously passed a motion to re-enact 16 provisions under the Kelantan Shariah Criminal Code (l) Enactment 2019.
The motion, which was read by Speaker Datuk Mohd Amar Nik Abdullah, received unanimous agreement from all members, including those of the opposition who were from BN and PH.
Both PH and BN form the nucleus of the federal unity government under the leadership of Prime Minister Datuk Seri Anwar Ibrahim.
This is the second time that Kelantan legislators have come close to triggering a constitutional controversy.
The other was in 1977 when the assembly passed a no-confidence vote against then Kelantan menteri besar Datuk Muhammed Nasir.
On February 9 this year, the Federal Court delivered an 8-1 majority decision, striking down 16 out of 18 provisions in the code challenged by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, on grounds of unconstitutionality.
The apex court’s panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, ruled that the state assembly had no power to enact the provisions, as the offences in question fell within the purview of federal law. – The Vibes, March 10, 2024
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