Malaysia

Understand facts about Federal Court’s ruling on Kelantan shariah code: Ikim

Institute says it respects court’s decision, will communicate the correct legal information about it.

Updated 2 years ago · Published on 13 Feb 2024 1:30PM

Understand facts about Federal Court’s ruling on Kelantan shariah code: Ikim
The Institute of Islamic Understanding Malaysia (Ikim) has called on all parties concerned to understand the true and accurate facts about the Federal Court’s judgement in lawyer Nik Elin Zurina Nik Abdul Rashid’s case. – The Vibes file pic, February 13, 2024.

by The Vibes Team

THE Institute of Islamic Understanding Malaysia (Ikim) has called on all parties concerned to understand the true and accurate facts about the Federal Court’s judgement in lawyer Nik Elin Zurina Nik Abdul Rashid’s case.

Its director-general Datuk Dr Mohamed Azam Mohamed Adil said on its part, Ikim will mobilise several initiatives and actions following the case, including holding a round table conference or expert forum, to convey the correct legal information through radio programmes, news outlets and social media.

“A Special Committee to Review the Competency of the State Legislative Assemblies (DUN) to Enact Islamic Laws was established in December 2023 to look at fine-tuning all matters involving the overlap between the shariah and the civil courts.

“Ikim is also pleased to be involved as a member of any relevant committee and give input to the existing special committee,” he said in a statement today.

 He said Ikim took note of and respected the decision of the Federal Court, which ruled that 16 provisions of offences under the Kelantan Shariah Criminal Code Enactment (1) 2019 were null and void, on grounds that the state legislature did not have the power to enact laws on the said offences because there were federal laws covering the same offences.

The Federal Court made the ruling after allowing a petition filed by Nik Elin and her daughter Tengku Yasmin Nastasha Abdul Rahman to challenge the constitutionality and legality of 18 provisions of offences under the enactment.

G25 Malaysia had commended the Federal Court ruling and applauded Nik Elin and her daughter for their courage and initiative in challenging the constitutionality and validity of 18 provisions under the Kelantan shariah enactment.

Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, delivered the historic verdict recently following a challenge mounted by Nik Elin and her daughter, both natives of Kelantan.

Tengku Maimun said that the court allowed their petition because the Kelantan assembly had approved laws that it did not have the authority to make. – The Vibes, February 13, 2024

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