PUTRAJAYA: A top Kelantan government leader has called for calm from all quarters after the Federal Court’s decision to nullify more than a dozen of the state’s Syariah laws.
Despite the fact that he was “disappointed” with the ruling, Kelantan Deputy Mentri Besar Datuk Dr Mohamed Fadzli Hassan urged everyone to remain calm and not do “anything that can be construed as provocative”.
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Speaking to reporters after the ruling, Fadzli also said that the PAS-ruled state government will seek an audience with the Sultan of Kelantan before deliberating on its next steps.
Ripple effect: Mohamed Fadzil (left) and Hamzah believe the Federal Court's decision will cause a wider impact.
In a separate statement, the federal Opposition, which includes PAS, announced that they will also hand over a special memorandum to the Yang di-Pertuan Agong and the Sultan of Selangor as chairman of the National Council for Islamic Affairs (MKI) over the decision.
“I, as a representative of the Kelantan government and its people, feel very disappointed over the decision, and we will seek an audience with the Sultan of Kelantan as soon as possible to inform him of the decision,” he said in the lobby of the Palace of Justice.
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“We will get the written judgement and study the decision in detail. Of course, this is not the end, and we will decide on the next steps.”
In a majority 8-to-1 judgment, a panel of nine judges at the Federal Court allowed a challenge to 18 provisions in the Kelantan Syariah Criminal Code Enactment and declared that 16 of them were unconstitutional.
The apex court ruled that the 16 provisions, which include offences for sodomy, giving false evidence, gambling and vice, are items within the Federal List, over which only Parliament has the power to enact laws.
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In his comments yesterday, Mohamed Fadzli urged the Federal Government to “play its part” with regard to the Federal Constitution.
“Please make sure what should be amended is amended. This is about the jurisdiction of the Syariah Court.
“Some people might argue that it is also within the (jurisdiction) of the Penal Code, so why would we need two laws? But you must make a differentiation between syariah criminal law and civil criminal law with regard to evidence, adjudication and so on. They are different things altogether.”
Outside of the court complex, PAS secretary-general Datuk Seri Takiyuddin Hassan said that the decision could impact the syariah laws of other states.
“When one law is nullified in one state, it means that the syariah laws in other states are also in a dangerous and critical situation.”
He added that PAS will bring up the issue in Parliament and ask for the results of the National Council for Islamic Affairs (MKI) study on protecting the syariah law.
Meanwhile, in a separate statement, Opposition leader Datuk Seri Hamzah Zainudin claimed that the Federal Court decision could have an impact on the powers of the royal institution.
“If viewed from a layman’s point of view, this decision could have a significant impact on eroding the powers and jurisdictions of the Malay Rulers,” Hamzah wrote.
“The Malay Rulers, including the Yang di-Pertuan Agong, when taking the oath of office according to Article 37 (1) (of the Federal Constitution), have sworn to uphold the religion of Islam at all times.
“In addition, I, as the Opposition head, will request an audience to hand over a special memorandum to His Majesty the Yang di-Pertuan Agong and the Sultan of Selangor as chairman of the MKI in the near future.”
