KUALA LUMPUR – Former Umno youth chief Khairy Jamaluddin has lambasted PAS secretary-general Datuk Seri Takiyuddin Hassan’s ‘Black Friday’ comment on the Federal Court’s recent decision to strike out 16 provisions in Kelantan’s shariah law.
On his ‘Keluar Sekejap’ podcast with fellow ex-Umno man Shahril Hamdan, Khairy said it was unwise for Takiyuddin to play up politicised elements with regards to the case, including race, religion, and royalty (3R) sentiments.
“I have to criticise (Takiyuddin), the PAS secretary-general and Kota Bharu MP. He had been the law minister when I was in the cabinet under Tan Sri Muhyiddin Yassin.
“Why must he escalate this issue… he said the decision was no small matter, as it was to directly defend the shariah law and Malay rulers’ institution. He went straight to 3R elements,” said Khairy, who is also a former health minister.
“This matter has now been politicised… as if it was an assault not only to the shariah law, but also to the Malay rulers and Islam. This is what I do not like.”
Takiyuddin had previously described the Federal Court’s decision to strike out 16 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019 as a dark day for Muslims nationwide.
With an 8-1 split majority decision, the judges – led by Chief Justice Tun Tengku Maimun Tuan Mat – ruled that the Kelantan state assembly had no power to enact the 16 provisions, as the offences in question fell within the purview of the federal law.
Meanwhile, Khairy also agreed with Tengku Maimun’s point that the decision was not made to dispute the laws of God, as the matter was evaluated in terms of the jurisdiction of lawmakers.
“What (Tengku Maimun) said was true, this was not a decision to dispute God. After all, a large portion of laws are man made, including those under the shariah enactment,” he said.
“She also said this was not to challenge the shariah court’s position. We made amendments in 1988, the civil court cannot interfere with the shariah court. This leans more toward people’s jurisdiction in lawmaking.
“You cannot blame the Federal Court. When someone makes a petition, they have to listen. Its responsibility is (to determine) whether the laws are valid or adhering to the federal constitution. What the eight judges decided was technically correct,” he added.
On May 22, 2022, Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, appealed to the Federal Court to nullify 18 shariah crimes in the Kelantan enactment, under grounds that the state assembly acted outside of its jurisdiction.
The duo also appealed for the court to declare that the Kelantan assembly did not have the power to make such enactments, which only apply to Muslims.
The controversial petition gained public attention, especially with objections from Islamic non-governmental organisations.
The 16 provisions from the enactment that were nullified by the court are:
– Section 11: Destroying or defiling place of worship
– Section 14: Sodomy
– Section 16: Sexual intercourse with a corpse
– Section 17: Sexual intercourse with non-human
– Section 31: Sexual harassment
– Section 34: Possessing false document, giving false evidence, information or statement
– Section 36: Anything intoxicating
– Section 39: Reducing scale, measurement and weight
– Section 40: Executing transactions contrary to “hukum syarak” (shariah law)
– Section 41: Executing transactions via usury
– Section 42: Abuse of halal label and connotation
– Section 43: Offering or providing vice services
– Section 44: Preparatory act of offering or providing vice services
– Section 45: Preparatory act of vice
– Section 47: Act of incest
– Section 48: Muncikari (acting as a procurer between a female and male for the purpose of prostitution) – February 12, 2024