Terengganu to ensure state syariah laws don't breach Constitution

 

The Terengganu state government will study the Federal Court's decision to strike down 16 Kelantan syariah criminal provisions to prevent conflict with the Federal Constitution.

State Menteri Besar Ahmad Samsuri Mokhtar today said it will encompass all aspects of the court’s decision on the Kelantan Syariah Criminal Code Enactment (1) 2019.

“This step will be taken to ensure that the Terengganu Syariah Criminal Code Enactment has no conflicts at the federal level.

“Additionally, the state government will also take appropriate action if there are parties who want to challenge the enactment of the state’s Syariah Criminal Code,” he told reporters, according to Sinar Harian.

Last Friday, the Federal Court invalidated 16 syariah enactments involving criminal offences in Kelantan.

In its judgment, the apex court ruled that Kelantan's legislature exceeded its state-making power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.

Chief Justice Tengku Maimun Tuan Mat

Chief Justice Tengku Maimun Tuan Mat also reminded that petitioners Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman were not challenging the position of Islam and the syariah judicial system in Malaysia, but rather the constitutional validity of the specific provisions of the state which the petitioners contended breached the limit of state-making power.

After the verdict was delivered, Opposition Leader Hamzah Zainudin called on all stakeholders to discuss a constitutional amendment to empower the syariah legal system.

Meanwhile, Samsuri claimed the court’s decision would trigger negative effects on the syariah law system in the country.

It would not only affect Kelantan but all states in the country, including his own, he added.