Kelantan assembly approves motion to re-enact nullified shariah provisions
Published on: Wednesday, March 06, 2024
By: FMT
.jpg "Kelantan assembly approves motion to re-enact nullified shariah provisions")
On Feb 9, the Federal Court held that the Kelantan state assembly had no power to pass the 16 provisions as part of the enactment as the offences in question were covered under federal law. (Bernama pic)
PETALING JAYA: The Kelantan state assembly has approved a motion to re-enact 16 provisions under the Kelantan Syariah Criminal Code (I) Enactment 2019 that was struck down by the Federal Court last month.
The motion brought by Wan Rohimi Wan Daud (PN-Melor) was unanimously passed by all assemblymen, including the two from the opposition.
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Kelantan state assembly speaker Amar Nik Abdullah said he found that the motion fulfilled the three conditions to be accepted for debate. “It is a specific and important issue, pertains to a matter of public interest and must be expedited,” he added.
Wan Rohimi, when proposing the motion, said numerous old Malay laws incorporating Islamic principles had successfully transformed the community since the 16th century up to the arrival of the British colonists.
Meanwhile, Islamic development, dakwah, information and regional relations committee chairman Asri Mat Daud, said a special task force would be set up to look into the re-enactment of the provisions.
The task force will first discuss the 16 provisions before tabling them at the state assembly, he said, according to Sinar Harian.
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Asri said the process would most likely take place after Hari Raya Aidilfitri.
On Feb 9, the apex court struck down 16 provisions in the Kelantan shariah criminal code on grounds that they were unconstitutional.
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Announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat said the state assembly had no power to pass the provisions as part of the enactment as the offences in question were covered under federal law.
Meanwhile, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli dissented and held that the constitutional challenge brought by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman was an abuse of court process.
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