Islamic law panel can’t bar challenges on state enactments, says Na’im

 

Na’im Mokhtar said the special committee’s recommendations on the state assemblies’ competency to enact Islamic laws will be submitted to the national council for Islamic affairs and the Conference of Rulers. (Bernama pic)

PETALING JAYA: The special committee established under the national council for Islamic affairs (MKI) is not empowered to halt any legal challenges on any state’s shariah enactments, says religious affairs minister Na’im Mokhtar.

Na’im told the Dewan Rakyat the committee’s purpose is only to study the competency of state assemblies to enact Islamic laws under state enactments.

“It was established on the decree of the Sultan of Selangor, Sultan Sharafuddin Idris Shah (the then MKI chairman) to provide recommendations and suggestions based on previous cases where state shariah enactments were challenged.

“The courts are independent and have nothing to do with the executive. We cannot bar any challenges (on state shariah enactments),” he said in his winding-up speech during the debate on the royal address today.

He was responding to Abdul Ghani Ahmad (PN-Jerlun), who asked about the special committee’s measures to prevent any state shariah enactment from being challenged in the future.

Na’im said the committee’s recommendations on the state assemblies’ competency to enact Islamic laws will be submitted to the MKI and the Conference of Rulers.

He said any recommendation on amending the Federal Constitution needs to be first approved by the MKI and the Conference of Rulers before getting the Cabinet’s agreement to table it in Parliament.

The committee, comprising 11 members, was established in December last year and was given one year to conduct the study.

Na’im reiterated that the recent Federal Court ruling nullifying 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 does not undermine the authority of the shariah court.

On Feb 9, the Federal Court struck down the said provisions on the grounds of their unconstitutionality, with an 8-1 majority decision.

Chief Justice Tengku Maimun Tuan Mat said the state assembly had no authority to pass the provisions as part of the enactment, as the offences in question were covered under federal law. - FMT