Selangor ruler Sultan Sharafuddin Idris Shah has urged for calm following the Federal Court's recent decision to strike down 16 provisions of the Kelantan syariah criminal code.
The ruler, who is also the National Council for Islamic Religious Affairs (MKI) chairperson, said everyone should respect the court's decision and the Federal Constitution’s position as the supreme law of the land.
"What matters is finding ways to strengthen the competency of state legislative assemblies to enact syariah criminal provisions within the framework set by the Federal Constitution.
"These efforts include examining if there is a need to propose amendments to certain provisions of the Federal Constitution and/or related federal laws.
“This is to ensure that the power of the state legislature to enact syariah criminal laws is clearly enshrined in the Constitution without any ambiguity," Sultan Sharafuddin said in his speech at MKI’s 71st meeting in Putrajaya today.
The speech text was also shared on the Selangor Royal Office's Facebook page.
Elaborating, Sultan Sharafuddin noted the mixed reactions the court verdict triggered, some of which confused the Muslims in the country.
"In fact, there are those who dubbed the Federal Court's decision as a 'Black Friday' to the country's syariah judicial system. I do not wish to be drawn into this polemic," stressed the sultan.
Although the ruler did not mention names, it is believed to be in reference to the statement by PAS secretary-general Takiyuddin Hassan.
Takiyuddin claimed that the decision by the Federal Court's nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat, in an 8-1 split majority decision, to allow lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman’s petition, would also endanger syariah enactments in other states.
Syariah committee
The ruler assured that the special committee established to conduct an in-depth and critical study on the competency of state legislative assemblies to enact Islamic laws under state enactments and the jurisdiction of Syariah Court is looking at all aspects following the recent verdict.
The committee was set up following Sultan Sharafuddin's decree MKI’s 70th meeting in Shah Alam, on Aug 28 last year.
According to Sultan Sharafuddin, among others, the committee will study issues related to competence, including an analysis of existing legal provisions as a whole, study the decisions of the highest court and discuss the issues in detail; and propose and make recommendations on the best and most harmonious coordination method on the issue of competence of the state legislature to enact Islamic law as well as the jurisdiction of the Syariah Court in accordance with the Federal Constitution.
"It (the committee) will also examine methods of empowering the jurisdiction of the Syariah Court. This special committee has been given one year from the date it was established to provide any recommendations to the MKI before the matter is escalated to the Conference of Rulers to be refined and approved.
"I urge all quarters, including legal experts, to provide knowledgeable, insightful, and practical suggestions to facilitate this committee in their duties," said the sultan.
The ruler urged all quarters, especially the Muslims, to remain calm and composed while awaiting the committee's findings.
He further urged everyone, especially religious leaders to always maintain their manners in voicing out their respective views, to avoid confusion among Muslims.
"We don't need to openly argue on matters that can be resolved privately, via consultation. We need to celebrate differences of opinion and resolve them wisely, prudently and through the right channels.”
Worsening religious polemic
Sultan Sharafuddin noted that religious issues have been politicised in the last few decades, and the situation has worsened lately.
"This results in misunderstanding, animosity and confusion among Muslims. Enough of fighting in the name of religion.
"It is time for the Muslims to unite to strengthen Islam. When the Muslims are united, the non-Muslims will respect Islam. In addition, the administration of Islam in this country should also be free from party politics.
"My advice is not intended for any party. I urge all politicians to not politicise every issue involving Islam, to the extent it becomes fodder for neverending political rivalry," said the sultan.
The ruler also expressed hope that the current practice of appointing a non-politician to the religious minister's post would continue, to ensure matters concerning the Islamic religion are not politicised. - Mkini
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