KUALA LUMPUR – Umno’s sole assemblyman in Kelantan, Mohd Syahbuddin Hashim, said his party has always supported the state’s shariah criminal provisions and will cooperate with the PAS-led state government in strengthening Islamic law.
The Galas assemblyman had voted along with the rest of the state legislature today, which was unanimous in passing a motion to re-enact the 16 shariah criminal provisions that had been declared unconstitutional by the Federal Court last month.
“In 1986, Barisan Nasional assemblymen (in Kelantan) had already supported the Kelantan Shariah Criminal Enactment, in 1993 we supported it again, and again in 2015, and in 2019 (when it was passed).
“And even after this, God-willing, we will support it! We also want to go to heaven,” Syahbuddin told Scoop when contacted.
“We have many legal practitioners here (in Kelantan) so there is no mistake over shariah provisions that we enact,” he added.
Besides Syahbuddin, Amanah’s Dr Hafidzah Mustakim, the Kota Lama assemblywoman, had also voted in support of the motion proposed by Melor assemblyman, Wan Rohimi Wan Daud from PAS.
Umno and Amanah are parties in the unity government at the federal level, but are in the opposition in Kelantan.
Wan Rohimi’s motion called for the legislature to re-enact the 16 provisions in Kelantan Shariah Criminal Code (I) Enactment 2019 that the Federal Court declared null and void on February 9.
When calling for the vote, Kelantan state assembly speaker Datuk Mohd Amar Nik Abdullah said the motion was for the benefit of the public and therefore needed to be expedited.
He also said the assembly would call for the redrafting of previously nullified provisions, and expressed “deep sorrow” over the Federal Court’s decision.
The Federal Court had made its ruling in the case brought by Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman.
In an 8-1 split majority decision, a nine-person bench chaired by Chief Justice Tun 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.
In the judgement that was read out, Tengku Maimun said that the court granted the petition on the grounds that the state assembly had enacted the laws beyond the list in the Ninth Schedule of the Federal Constitution. – March 6, 2024