PAS sec-gen wants immediate resolution for syariah debate

PAS secretary-general Takiyuddin Hassan called for an immediate resolution to the debate among Muslims about the position of syariah laws in the country.

He claimed that the debates stem from court judgements that challenged and nullified syariah laws, thus exposing the religious laws to the possibility of other invalidations.

“PAS hopes all interested parties across party lines will be invited to share their views to ensure the desire to enhance the criminal jurisdiction of the Syariah Court can be realised,” he said in a statement last night.

Takiyuddin was referring to the Federal Court decision on Feb 9 which nullified 16 Kelantan syariah criminal provisions, in an 8-1 decision by a nine-member bench.

The court ruled that Kelantan’s state legislative assembly exceeded its lawmaking power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.

Meanwhile, Takiyuddin said his party supports the Special Committee Studying Issues Related to the Competence of the State Legislative Assemblies to Enact Islamic Laws.

The committee is to review and suggest amendments to the Federal Constitution if necessary.

This, among other efforts, is led by the Malaysian National Council for Islamic Religious Affairs (MKI), which is chaired by the Selangor ruler Sultan Sharafuddin Idris Shah.

“As Muslims who view syariah not only as a responsibility but also a religious right, PAS believes that all steps towards upholding syariah laws must be taken and given full support regardless of party affiliation,” Takiyuddin said.

‘Black Friday’

After the Federal Court’s decision earlier this month, Takiyuddin lamented that it was a “black Friday” for the country’s syariah system.

However, Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar pointed out that the position of the syariah courts remained intact as guaranteed in the Constitution.

The Selangor sultan also called for everyone to respect the court’s decision and the Federal Constitution’s position as the supreme law of the land.

In the apex court’s decision, Chief Justice Tengku Maimun Tuan Mat ruled that Kelantan’s legislature exceeded its power.

On the legal challenge raised by lawyer Nik Elin Zurina Nik Abdul Rashid, Maimun said the challenge was not against Islam and the syariah system in Malaysia.

She said it was the constitutional validity of the specific provisions which the petitioners contended breached the limit of state-making power.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, who had the sole dissenting judgment, said the petitioners had no locus standi in challenging the matter as they were not affected by the enforcement of those provisions. - Mkini