The Kelantan state assembly unanimously affirmed its authority today in enacting offences under syariah law, including the Kelantan Syariah Criminal Code (1) Enactment 2019 (Enactment 14).
The motion was submitted by Melor assemblyperson Wan Rohaimi Wan Daud and unanimously approved without discussion before the state assembly speaker Mohd Amar Nik Abdullah.
“The agreement among the 11 states formed the Federation of Malaysia. As a result of lengthy and complex negotiations with the British colonisers, Islam is recognised as the religion of the federation through Article 3(1) of the Federal Constitution.
“The compromise among the 11 sovereign states, especially the nine Malay states that uphold the rule and sovereignty of the sultans and rulers as the custodians of the religion, gave rise to a power compromise in the formation of the country’s Constitution,” he said during the 15th state assembly sitting at Kota Darulnaim Complex in Kota Bharu.
Wan Rohaimi added that this led to the emergence of two lists of authority involving the states and the federation.
He stated that the situation also led to the creation of the Ninth Schedule containing the state, federal and concurrent lists (of subjects on which the state governments and the federal can legislate) that allow for the administration of Islamic affairs by the states, empowering them to govern the religious matters involving the worshippers based on syariah legislation.
“Based on the understanding and compromise that is in line with the previous legal positions, the Federal Court recognises the authority of the state legislative assemblies in enacting syariah offences as stipulated in the state list.
“This position empowers the syariah enactment to operate concurrently, but these enactments apply only to Muslims,” he added.
Amar then said he accepted the motion based on three conditions - necessity, public interest and urgency.
- Bernama
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