AG urged to warn Kelantan govt over re-enacting syariah provisions

 

The attorney-general was urged to intervene in the Kelantan government’s move to re-enact the 16 syariah criminal code provisions which were nullified by the Federal Court.

“As the guardian of public interest, rule of law, and the Federal Constitution, the AG must act,” said the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST).

“Re-enacting the provisions would pose a serious threat to democracy and destabilise the country.

“All should act in the best interest of the country and uphold constitutional democracy,” said the non-profit interfaith organisation in a statement.

On Feb 9, the Federal Court struck down 16 of the Kelantan government’s syariah criminal provisions after a legal challenge by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman.

Among the invalidated provisions were: destroying a place of worship (Section 11), sodomy (Section 14), necrophiliac sexual intercourse (Section 16), bestiality (Section 17), and sexual harassment (Section 31).

Nik Elin Zurina Nik Abdul Rashid

In the 8-1 majority verdict, Chief Justice Tengku Maimun Tuan Mat ruled that Kelantan’s legislature exceeded its power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.

She reminded that the legal challenge was not against the position of Islam and the syariah judicial system in Malaysia, but rather the constitutional validity of the specific state provisions, which the petitioners contended breached the limits of the state’s power.

However, on March 6, the Kelantan legislative assembly passed a motion to re-enact the 16 provisions.

Kelantan state assembly speaker Mohd Amar Nik Abdullah said the motion read: “The state legislature records its regret and sadness over the nullification of the 16 provisions under the Syariah Criminal Code (I) Enactment 2019 and urges the provisions to be re-enacted.”

All state assemblypersons, including two opposition lawmakers from Umno and Pakatan Harapan, agreed to the private motion proposed by PAS’ Melor assemblyperson Wan Rohimi Wan Daud.

‘Unconstitutional move’

Meanwhile, MCCBCHST reminded the Kelantan state legislature that it is bound by the Federal Constitution and the Federal Court’s decision.

It also reminded Kelantan lawmakers that the court mentioned there was already a federal law in existence on the same matter as provided for in Federal List I, where only the Parliament has the power to legislate.

“As such, re-enacting the same provisions would be void too but insisting on it poses a challenge to the Federal Constitution, Federal Court, and the rule of law.

“Here, the attorney-general, as the guardian of the law and the public interest, should warn the Kelantan government about their unconstitutional move, which is a disrespect to the Federal Court’s decision,” the group added. - Mkini