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 / 1d

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

Malaysia / 3d

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

Opinion / 5d

GE16: A tough battle ahead for PH

Malaysia / 6d

Hamzah wanted to take over Bersatu, claims Muhyiddin’s former private secretary

Malaysia / 1w

Claims that Bersatu plans to join PH are baseless – Tun Faisal

Malaysia / 1w

PAS holds emergency meeting to discuss cooperation with PN, BERSATU

Spotlight

Malaysia

Former head of a ministry's corporate communications unit acquitted of bribery charge

Malaysia

Two sisters die trapped in Johor house fire as escape routes cut off by flames

Malaysia

NS election speculation intensifies as Aminuddin granted audience with state ruler

Malaysia

Teenager who drove recklessly, causing death remanded for further investigation

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)

Malaysia

Family of five killed as car crashes into water pipe in Serian

Malaysia

'I was once spat on by a pakcik' — Marina denies fear of contesting Malay-majority seats

Malaysia

Jewellery shop among six premises destroyed in fire (video)

You may be interested

Malaysia

Baby boy thrown from car in AMJ highway crash survives

Malaysia

Press conference cancelled as MB has 'important business'

Malaysia

Police capture wanted organised crime suspect in cross-border operation with India and Thailand

Malaysia

Fuel prices fall as Malaysia warns of prolonged global oil supply risks

Malaysia

Speaker submits notice of dissolution of Johor DUN to EC

Malaysia

Teen mothers must return to school, says Fadhlina as education remains priority

Malaysia

Malaysians may soon be able to get a 10-year passport for RM350

Malaysia

TNB central to Malaysia’s “just transition” as AI boom drives energy demand surge