Proclamation of new Kelantan Sultan lawful, says lawyer

The proclamation of Tuanku Muhammad Faris Petra as the Sultan of Kelantan to succeed his ailing father Tuanku Ismail Petra satisfies both common and syariah law requirements, says a prominent constitutional lawyer.

Datuk Seri Muhammad Shafee Abdullah said the decision by the Kelantan Royal Succession Council was particularly apt from the syariah law point of view, which stipulated that the head of state must be mentally and physically perfect.

“He definitely cannot be substantially impaired in mind and body as Islamic jurisprudence argues that such substantial impairment may create an inconducive atmosphere in the Palace and the State,” he toldThe Star.

Muhammad Shafee said such impairment might result in a third party trying to exercise the power of the Sultan or exercise influence on him.

“In the worst of situations, a head of state suffering from such impairment could be literally reduced to a mere ‘puppet’.”

“In Islam, such a situation is intolerable and would be unconstitutional,” he said.

He said most Islamic jurisprudence was of the view that it would be haram(sinful) to allow such situation to continue.

He said the requirement for the Sultan to be mentally and physically perfect was not just meant to ensure that the decisions made were well considered but was also important to guarantee continued public confidence in his governance.

“The people must feel confident in their ruler’s capacity and capability,” he said, citing Islamic thinkers such as Abu Hassan Al-Mawardi and Ibnu Khuldun who had opined that a Ruler must possess healthy senses of hearing, sight and speech; a healthy body; intelligence and acute thinking that commensurate with his onerous duties.

Tuanku Ismail Petra filed a petition at the Federal Court on Monday to declare the proclamation unconstitutional.

He had already filed two petitions seeking the opinion of the Federal Court on whether Tuanku Muhamad Faris Petra had the full power to reconstitute the Royal Succession Council and question the fundamental liberties of the Sultan.

The Federal Court had set Oct 23 to decide whether it had the jurisdiction to hear the first two petitions.

Muhammad Shafee opined that it was also pointless to file any lawsuit against Tuanku Muhammad Faris Petra because he is now the Sultan of Kelantan.

“This is a matter of royal prerogatives. It is very unlikely that an ordinary court of law would entertain such a challenge as it is deemed to be non-justiciable,” he said.

courtesy of the Star