Kelantan drafting more comprehensive Syariah Court enactment

 

The Kelantan government is drafting a new, more comprehensive Syariah Court administration bill to replace the state's Syariah Court Administration Enactment 1982.

Kelantan exco for Islamic development, propagation, information, and regional relations Mohd Asri Mat Daud stated that the draft amendments had been presented at a Kelantan Islamic Religious and Malay Customs Council (Maik) meeting.

According to him, the meeting also decided to establish a special working committee to review the drafting of the proposed bill.

"The proposed bill is more comprehensive. Therefore, the drafting of the bill is at the detailed study stage by the legal department of the Kelantan state secretary's office.

"The study mentioned concerns the need for four or five levels of courts, considering the implementation in other states in terms of policies or future plans by the federal government for the process of standardising and empowering syariah courts in Malaysia," Asri (above) said during the state legislative assembly session in Kota Bharu today.

He was responding to a question from Zameri Mat Nawang (PN-Tawang), who inquired about the status of the proposed bill amendments.

16 provisions annulled

Previously, Malaysiakini reported that parts of the Kelantan Syariah Enactment were annulled by the Federal Court in February after nine judges decided 8-1 to allow a petition to annul 16 out of 18 contested provisions in the enactment.

The petition was by Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman.

The court ruled that while drafting the enactment, the state assembly exceeded its jurisdiction as stipulated in the State List (List II), Ninth Schedule of the Federal Constitution.

The assembly subsequently passed a motion to re-draft the 16 provisions in the Syariah Penal Code (I) Enactment 2019.

Asri said the drafting of the Syariah Court Administration Enactment to replace the existing enactment after the annulment of 16 sections opens the space and guarantees the implementation of syariah justice cases through the syariah judiciary institution on par with civil courts.

"Among the aspects of strengthening the syariah courts in drafting this enactment is through the proposed increase in court levels from three to four or five levels, which is under detailed study.

"This increase is to ensure that the opportunity for appeal in syariah cases is twice, namely an appeal to the Syariah Court of Appeal and subsequently to the Syariah Supreme Court as the highest court after the existing Syariah Court of Appeal," he said, responding to an additional question from Dr Hafidzah Mustakim (Harapan-Kota Lama). - Mkini