A plaintiff in the legal challenge against certain provisions of Kelantan’s syariah criminal code appeared unfazed by a possible protest by PAS during her day in court.
However, Nik Elin Zurina Nik Abdul Rashid said the party should not twist facts surrounding the case.
The lawyer said she was merely carrying out her responsibility as a legal practitioner and denied accusations that he was challenging the Islamic judicial system.
“They said I am challenging God, challenging syariah law. What I am challenging is takzir (discretion or the punishment meted) in the enactment.
“My challenge is also about the Kelantan state assembly enacting laws without competency. It has nothing to do with Islamic doctrine,” she told Malaysiakini yesterday.
Nik Elin said the protestors who plan to gather outside the Palace of Justice, Putrajaya, during the Nov 20 hearing have a right to do so, just as she has a right to bring the matter to be adjudicated in court.
She said this is as long as the protest organisers follow guidelines set in accordance with the law and security considerations.
“But if they want to assemble while manipulating facts, I do not condone that,” she said.
Nik Elin said this when asked to respond to PAS’ announcement that it would hold a series of protests to oppose her lawsuit, which seeks a court declaration nullifying provisions on certain offences under Kelantan’s Syariah Criminal Code (I) Enactment 2019.
READ MORE: KINIGUIDE | Taking a look at family’s challenge against K'tan's crime laws
In announcing the protests, PAS deputy president Tuan Ibrahim Tuan Man told a press conference last week that the case’s outcome could have serious ramifications on the syariah courts’ jurisdiction.
Meanwhile, Nik Elin challenged anyone who claims to champion syariah law to repeal all state enactments that contradict the Federal Constitution.
“If we really want to strengthen the syariah court, expedite the divorce cases that have been delayed and resolve cases of dishonest husbands who don’t pay nafkah (financial support for the wife) and practice polygamy without permission,” she added.
Case during previous govt
She also accused PAS secretary-general Takiyuddin Hassan of making a false statement in Parliament regarding her case when urging the de facto religious affairs minister Mohd Na’im Mokhtar to intervene in the case.
Takiyuddin claimed the Federal Court granted leave to hear the case in 2023 and rhetorically questioned Mohd Na’im who is in the government of the day.
“I filed the notice of motion for leave on May 25, 2022 and obtained leave on Sept 30, 2022, while my petition was filed on Oct 13, 2022,” Nik Elin clarified.
PAS was in the federal government at the time. Pakatan Harapan’s Anwar Ibrahim only became prime minister on Nov 24, 2022.
“Whether they (the government at the time) realised it (about the case) or not, I don’t know,” she added.
The lawsuit by Nik Elin and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman originally sought to have 20 provisions under the enactment declared null and void.
They include destroying a place of worship (Section 11), giving away a child to a non-Muslim or morally corrupt Muslim (Section 13), sodomy (Section 14), necrophiliac sexual intercourse (Section 16), bestiality (Section 17), and sexual harassment (Section 31).
However, the challenge against two provisions has since been dropped, bringing the remaining number to 18. The two provisions deal with false claims (Section 5) and gambling (Section 37(a)).
They contended that the Kelantan government had overstepped its jurisdiction by enacting laws for offences that should come under federal jurisdiction. - Mkini
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