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Saturday, February 10, 2024

Full minority dissenting judgment in syariah challenge

 


A nine-person Federal Court bench yesterday allowed lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman’s petition to nullify the validity of some of the state's syariah criminal provisions.

The bench was chaired by Chief Justice Tengku Maimun Tuan Mat for the 8-1 split majority decision.

The duo was challenging the constitutionality of 18 provisions in Kelantan’s Syariah Criminal Code (I) Enactment 2019.

However, the apex court only allowed 16 out of the 18 to be invalidated.

Below is the full minority dissenting judgment by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, arguing that the duo has no locus standi to file the challenge:

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