KUALA LUMPUR – Datuk Mohd Na’im Mokhtar has stressed that the shariah court’s position in the country remains strong as stipulated in the federal constitution.
This was following the Federal Court decision today, which struck out 16 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019 in favour of lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman.
The minister in the Prime Minister’s Department in charge of religious affairs also urged all parties to remain calm and not engage in any provocation that could lead to public unrest.
He also requested the Islamic Development Department and the Shariah Judiciary Department to obtain written judgements for further analysis and planning regarding the case.
“Therefore, in line with the study on the reasons for the judgement of this case, which will be carried out immediately, further planning will be done soon to ensure that the agenda of improvement and empowerment of the shariah court will continue in Malaysia.
“Some adjustments to the strategy and existing plans will also be implemented in line with the outcome of this case. All the opportunities that exist for the empowerment of the shariah court will be implemented,” he said in a statement today.
Na’im said he would promptly seek an audience with both the King of Malaysia Sultan Ibrahim Sultan Iskandar, and his deputy, Sultan Nazrin Muizzuddin Shah, to inform them about today’s court decision.
“I will also seek an audience with the Sultan of Selangor, who is also the National Council for Islamic Religious Affairs chairman, and the Malay rulers to inform them of related matters.
“I will also convene all relevant stakeholders, including all parties involved with the shariah court, to collectively discuss and evaluate the next steps to empower it,” he said.
He said that if there is a need to amend or reform the law, it will be done immediately.
Meanwhile, he said that the special committee, chaired by the former chief justice Tun Zaki Tun Azmi, tasked with reviewing the competence of the state legislature to enact Islamic law, will examine matters on the competence of the state legislature and the jurisdiction of the shariah court, as stipulated under item 1, List II of the Ninth Schedule to the federal constitution.
“The findings and recommendations put forth by the special committee will be presented to the National Council of Islamic Religious Affairs and the Conference of Rulers,” he added.
In an 8-1 split majority decision, a nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat ruled that the state assembly had no power to enact the 16 provisions, as the offences in question fell within the purview of federal law.
Meanwhile, the Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli dissented and maintained that the state assembly is empowered to do so.
The other panel members are Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, Chief Justice of Malaya Tan Sri Mohamad Zabidin Mohd Diah, and Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan and Datuk Abu Bakar Jais. – February 9, 2024