G25 MALAYSIA today commended the Federal Court ruling that 16 provisions under the Kelantan Syariah Criminal Code (l) Enactment 2019 are unconstitutional and invalid.
G25 also applauded Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, for their courage and initiative in challenging the constitutionality and validity of 18 provisions under the Kelantan Syariah enactment.
Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, delivered the historic verdict yesterday following a challenge mounted by a Muslim woman and her daughter, both natives of Kelantan.
Tengku Maimun said that the court allowed their petition because the Kelantan state assembly had approved laws that it did not have the authority to make.
However, the panel decided that two other provisions that were also challenged were valid.
"Tengku Maimun in her judgement had said that the case, contrary to erroneous and politically-fuelled suggestions, has absolutely nothing to do with undermining the religion of Islam.
"She also said that the allegation that any decision of this Court could destroy or even uphold Islamic law in this country is therefore not even remotely close to what the present petition entails.
"However, despite what has been said by the Chief Justice in her judgement, G25 notes with grave concern that PAS secretary-general Datuk Seri Takiyuddin Hassan said that the Federal Court’s judgement was a “dark day in history for Muslims” in the country and that the decision would also threaten shariah laws," said G25 executive secretary, Jasmine Zulkifli.
The group of prominent retired civil servants viewed Takiyuddin's statement as a highly provocative and dangerous statement, bordering on incitement.
"Being a lawyer and a former Minister for legal affairs, he should have known better and advised the crowd to respect the judgement of the Federal Court, instead of taking the opportunity to make the judgement a political issue.
"G25 fervently hopes that the Kelantan government will take the Federal Court’s judgement in the right spirit and do the needful to amend the State Syariah Criminal Code by deleting the impugned provisions; to make the State Enactment conform with the Federal Constitution," added Jasmine.
She said the Federal Court’s judgement in Nik Elin’s case should serve as a salutary reminder to state governments that in passing state legislation, they should take pains to ensure that the intended legislation does not transgress the Federal Constitution. - The Vibes, February 10, 2024
