Kelantan’s unique political, cultural and historical background must be taken into consideration when assessing the validity of the state’s syariah provisions, said PKR lawmaker Hassan Abdul Karim.
In a statement today, Hassan (above) said that while one of the nine judges ruling in the case - Chief Justice of Sabah and Sarawak Abdul Rahman Sebli - offered a dissenting position due to legal concerns, the Pasir Gudang MP too is dissenting, but for different considerations.
"My position in this legal controversy considers Kelantan's politics, history and culture.
"The three things that form the basis of my argument are beyond the consideration of the nine judges of the Federal Court. Their consideration is only based on the existing laws especially referring to the Federal Constitution.
"However, I would like to bring another perspective outside the scope of the Constitution, which is a political issue," said Hassan, who has a legal background and is known for taking an independent line.
He pointed out that the PAS government in Kelantan has ruled the state continuously for nearly 34 years since the general election in 1990.
"The Kelantan Syariah Criminal Code Enactment 2019 is an enactment approved by the Kelantan state legislative assembly and became law when approved by the Kelantan sultan and gazetted in the Kelantan Government Gazette.
"The people of Kelantan are more than 90 percent Malays who are Muslim. For more than 33 years they have elected PAS, an Islamic party with an agenda to enshrine syariah law in Kelantan.
"The people chose PAS in Kelantan through the ballot box, not through threats and force. PAS rules in Kelantan through democratic elections per the principles of democracy, not through violence," added Hassan.
‘We should be fair’
Thus, he said the enactment of the Kelantan Syariah Criminal Code 2019 is a fundamental manifestation of the Kelantan people’s will, which the majority of them elected an Islamic government led by PAS in eight consecutive general elections in 1990, 1995, 1999, 2004, 2008, 2013, 2018 and 2022.
“We can agree and respect the Federal Constitution and the decision of the Federal Court.
“However, I - who is not a member of PAS but a PKR MP whose ideology is multiracial and multireligious - believe that we should be fair to not only the PAS government in Kelantan but the majority of the Kelantan people who want the Islamic declaration to be upheld in their state," he added.
While the two petitioners have won and the Kelantan state government has lost, Hassan said that does not mean the controversy will subside and the issue will be put to bed.
Last Friday, the Federal Court allowed lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman’s petition.
The family was challenging the constitutionality of 18 provisions in Kelantan’s Syariah Criminal Code (I) Enactment 2019.
However, the apex court chaired by Chief Justice Tengku Maimun Tengku Mat only allowed 16 out of the 18 to be invalidated.
In the 8-1 majority decision, dissenting judge Rahman argued that the duo had no locus standi to file the challenge.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.