KUALA LUMPUR – Detractors opposing the petition filed by a mother-daughter duo challenging the constitutionality of provisions under Kelantan’s shariah law are merely provoking disharmony, said Tengku Yasmin Nastasha Tengku Abdul Rahman.
Referring to the country’s top judge Tun Tengku Maimun Tuan Mat’s grounds of judgment when delivering the Federal Court’s decision in favour of the duo, the daughter of Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid said their case only concerned legal jurisdiction and not Islamic doctrine or the authority of shariah courts.
“Despite (Tengku Maimun’s) repeated clarifications that our case pertained solely to legal jurisdiction and did not impinge upon Islamic doctrine or the authority of shariah courts, our adversaries persist in propagating falsehoods, seeking to incite religious discord.
“The vitriolic campaign waged against us by adversaries manifested in baseless allegations, portraying us as threats to the sanctity of Islam in our nation,” Tengku Yasmin said in a posting on X last night.
Without naming anyone, she also said that she and her mother have been “constant recipients” of death threats and “takfirs” (the practice of one Muslim declaring another Muslim an unbeliever) since August last year.
“When the case was first (made viral) by lawyers affiliated with a certain political party, mum and I have been constant recipients of death threats and takfirs from that crowd,” she said.
“Her past writings were egregiously manipulated, taken out of context to portray her as a ‘liberal’. This deliberate mischaracterisation, orchestrated to serve vested interests, exemplifies the depth to which our adversaries stooped to undermine our endeavour.”
Yesterday, Kuala Lumpur police chief Datuk Allaudeen Abdul Majid said that a probe into threats made against Nik Elin has been completed, with the investigation paper handed over to the Attorney-General’s Chambers for further action.
This came after Nik Elin said she was vilified to the point of receiving death threats following her constitutional challenge against Kelantan’s shariah law.
Nik Elin told Scoop that both she and her daughter had received immense threats on social media, including on Instagram, TikTok, and X, following the Federal Court’s decision last Friday (February 9), which struck out 16 provisions from the law.
In her post, Tengku Yasmin also said that despite the “small victory” granted by the nine-member panel, “undisclosed entities” have brought her spirits down to the point where she is unable to sleep.
“While this legal triumph validates the merits of our challenge as affirmed by the Federal Court, it is disheartening to acknowledge the prevailing misinterpretation orchestrated by undisclosed entities, thereby distorting the true essence of our cause,” she said.
She also expressed her regret over how detractors have resorted to attempting to link the petition with the authority of the Malay rulers, saying: “Such assertions are not only fallacious but also reflect a cynical plot to deflect accountability onto our most revered institution.”
Further commenting on the sole dissenting judgement by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, Tengku Yasmin said that his “narrow interpretation” of the law would “unduly restrict the court’s jurisdiction, impeding the vital function of constitutional scrutiny.”
“In practical terms, the adjudication of doubtful enactments is imperative for legal clarity and constitutional integrity. Hence, we proceeded with our petition in pursuit of this overarching objective, in the face of incessant threats and unwarranted vilification,” she added.
While stressing that the petition was motivated by a commitment to adhere to due process in both the enactment and application of laws, Tengku Yasmin said that no external funds were sought to finance the legal process, contrary to claims made by certain quarters.
“Some even make insinuations about the funding that is needed in a process that’s assumed to be costly. Let it be unequivocally stated that we neither sought nor received external funds.
“All associated expenses were privately borne, underscoring the integrity and independence of our cause,” she said.
In 2022, the mother-daughter pair contended that 20 provisions under Kelantan’s shariah law were unconstitutional. However, two provisions were retracted from being contested by the mother-daughter duo last year.
Last Friday, the Federal Court struck out 16 provisions, including Section 14 (sodomy), Sections 16 and 17 (sexual intercourse with a corpse and non-human), as well as Section 42 (misusing halal label and connotation).
The chief justice, in delivering a majority 8-1 decision, said the panel of judges maintained two sections, which are Sections 13 and 30 under the enactment.
Section 13 of the enactment prohibits the “selling or offering of children to individuals who are not of the Muslim faith or to morally objectionable Muslim individuals”, while Section 30 makes it an offence to use “language that has the potential to incite unrest or disturb public order”.
Meanwhile, the Federal Court also contended that the two sections dropped, namely Section 5 (false claim) and Section 17 (gambling), are legal. – February 12, 2024