KUALA LUMPUR – Despite the Federal Court striking out 16 provisions from Kelantan’s shariah criminal code, other states may still enforce similar rules unless they are legally challenged.
Deputy Minister in the Prime Minister’s Department (Religious Affairs) Zulkifli Hasan also said that a state’s shariah law falls under its jurisdiction; therefore, any amendments to such laws must receive approval from the state rulers, who serve as the primary authority, acting upon the advice of the state’s Islamic council.
“Provisions in shariah ordinances in other states remain valid and constitutional, and they can be enforced unless challenged in court and subsequently declared null,” he said during the question-and-answer session at the Dewan Rakyat today.
Zulkifli also said that the recently established National Shatiah Judiciary Committee conducts weekly meetings, and its first report has already been forwarded to the National Council of Islamic Religious Affairs, raising expectations that a holistic solution based on the findings could be implemented within the next year.
He was responding to a slew of supplementary questions by Datuk Seri Takiyuddin Hassan (Kota Bharu-PN), who pointed out that repealed provisions in Kelantan remained intact in the shariah laws of other states.
Takiyuddin also quizzed why the state governments were blamed for implementing their respective enactments, as a state legal advisor from the Attorney-General’s Chambers (AGC) would be present as a reference to ensure that the state laws do not conflict with federal laws.
In response, Zulkifli said the AGC has consistently refrained from intervening in such cases, citing the recent case with Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and the 2021 case between Iki Putra Mubarrak and the Selangor state government.
Religious tensions reached a new high after the Federal Court decided to nullify 16 provisions of the Kelantan Shariah Criminal Code Enactment (I) 2019, a case initiated by Nik Elin and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman.
This development sparked allegations that the sanctity of Islam was potentially being questioned, prompting numerous religious leaders to reprimand both Nik Elin and the court.
The incident resulted in the formation of the National Shariah Judiciary Committee to study and continuously monitor issues that arise in the shariah courts.
Previously, Zulkifli said the setting up of the Malaysian Shariah Prosecution Department would further strengthen the national shariah legal ecosystem.
He also highlighted the government’s commitment to implement shariah laws more systematically through the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965. – February 27, 2024