KUALA LUMPUR – Supporters rallying behind the mother-daughter duo challenging the PAS-led Kelantan government’s authority to enact shariah criminal laws have insisted that their cause is not an attack on Islam, but rather a pursuit of clear jurisdictional boundaries for the implementation of Islamic law.
A spokesperson for a collective of non-governmental organisations (NGOs) involved asserted that the case brought up by Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman is not intended to undermine Islam or the court system.
“PAS often engages in religious posturing, but their interpretation of the Nik Elin challenge is misguided,” the spokesperson told Scoop.
“They fail to grasp the essence of the matter. It’s not about challenging religion, and no one questions the authority of the shariah court.”
The spokesperson further explained that the shariah system has deviated from its original intentions due to power-driven influences, emphasising the need for an efficient legal system that incorporates shariah requirements, particularly in terms of family law.
“It’s about having a legal system that considers shariah requirements while maintaining efficiency – specifically focusing on family law,” the spokesperson clarified.
As the case is set to be heard publicly tomorrow, the advocacy group is encouraging supporters to attend the hearing peacefully in solidarity with Nik Elin.
The spokesperson said representatives of at least five supporting NGOs will attend the peaceful gathering tomorrow, including those from Sisters in Islam, Justice for Sisters, Article 19, and Freedom Film Network, among others.
PAS has characterised the case as an attack on Islam and condemned Nik Elin for allegedly undermining the religion.
Several legal experts have expressed concerns, suggesting that this case might trigger similar constitutional challenges in other states with their own shariah criminal enactments.
Earlier, constitutional expert Datuk Shad Saleem Faruqi clarified that Nik Elin’s case is not intended to legalise offences against Islamic principles.
Instead, it aims to determine whether these cases should be legislated by federal or state jurisdictions.
“The petitioner (Nik Elin) is not saying that what is sinful (in Islam) should be allowed. They are saying, where it should go to trial. The issue is the venue of the trial instead of whether it is wrong or right,” he told Scoop.
A rally named ‘Gerakan Selamatkan Shariah‘ is scheduled to take place tomorrow at the Palace of Justice in Putrajaya, protesting Nik Elin’s challenge.
It is anticipated that around 1,500 participants will join the rally.
Several PAS leaders, including president Tan Sri Abdul Hadi Awang, deputy president Datuk Seri Tuan Ibrahim Tuan Man, and secretary-general Datuk Seri Takiyuddin Hassan, are expected to attend.
The rally, organised by various NGOs and supported by political parties, aims to raise awareness and prompt Islamic stakeholders to align with the Sultan of Selangor’s decree as the chairman of The National Council of Islamic Religious Affairs (MKI), regarding the strategic litigation challenge on shariah legislation in Malaysia. – November 19, 2023