Govt has nothing to do with court's ruling on Kelantan syariah code - PM

 

Prime Minister Anwar Ibrahim today said the government has nothing to do with the Federal Court’s decision to annul 16 provisions in the Kelantan Syariah Criminal Code today.

He said the decision was made by the apex court which has the power vested in them under the Federal Constitution.

“The decision also has nothing to do with Syariah (Court)... or the powers of the state.

“Let's say (during) the state legislative assembly sitting next month, the chief minister enacts several new laws conflicting with state powers and the powers of the Federal Constitution, then it can be referred to the Federal Court and if the court finds it conflicting, it will annul it,” he said.

Anwar said this at the Malacca civil servants assembly at the Melaka International Trade Centre which was also attended by Chief Minister Ab Rauf Yusoh.

The Federal Court in an 8-1 majority decision today ruled that 16 provisions in the Kelantan Syariah Criminal Code Enactment 2019 as null and void.

The landmark decision was delivered by Chief Justice Tengku Maimun Tuan Mat who led a panel of nine judges after allowing an application by Nik Elin Zurina Nik Abdul Rashid, who hails from Kelantan, and her daughter, Tengku Yasmin Natasha Abdul Rahman, to challenge the constitutionality and legality of 18 of those provisions.

Elaborating, Anwar said the opposition played on religious sentiments in a bid to portray his government as opposing Islam, even though the application by the two women was filed during Perikatan Nasional’s administration.

“It’s a law of the state of Kelantan, and the ones challenging are Kelantanese. They challenged it in the Federal Court... not the (federal) cabinet, not the prime minister... they challenged the constitutionality and legality of the law, and the court ruled it (16 provisions) as null and void.

“The PN government did not protest before (when the legal challenge was presented). It all happened during their administration... in 2020 and 2021. Now they are protesting and turning it into a political issue,” he added.

MKI

Therefore, the prime minister said the government has established the National Council for Islamic Religious Affairs (MKI), chaired by Selangor ruler Sultan Sharafuddin Idris Shah, to examine matters related to syariah laws used in each state.

“Previously, there was no action at the national committee level to examine the jurisdiction of syariah courts and the powers regarding syariah law.

“Now, there is one (MKI). What is MKI’s role? To determine the roles of syariah courts,” he added.

On another development, Anwar said the government also had nothing to do with the reduction of former premier Najib Abdul Razak’s sentence as announced last week.

“They alleged that it was all PM and the cabinet’s doing. The cabinet never discussed it, I just announced it after the decision was made (by the Pardons Board),” he clarified.

- Bernama