PETALING JAYA: The position of the Syariah Courts is not affected by the Federal Court’s decision to strike out some sections in the Kelantan Syariah criminal law, says the minister in charge of Islamic affairs.
Datuk Dr Mohd Na’im Mokhtar said this is because the Federal Constitution guarantees the position of all Syariah Courts in each state and region in Malaysia.
Mohd Naim, who is Minister in the Prime Minister’s Department (Religious Affairs), also appealed for calm as the Federal Court decision on Feb 9 sparked various reactions from the public.
His ministry will conduct a study on the judgement and all stakeholders will be consulted to further improve and empower the Syariah Courts, he added.
“The Prime Minister’s Department (Religious Affairs) stresses that the position of the Syariah Courts in Malaysia remains strong with its position guaranteed and clearly stated in the Federal Constitution.
“The reasons for the judgement of this case will be studied and further planning will be made to ensure that the agenda to further improve and empower Syariah Courts will be continued in Malaysia.
“I will request an audience with His Majesty Sultan Ibrahim, King of Malaysia, and the Deputy King, Sultan Nazrin Muizzuddin Shah, to present the decision of the Federal Court.
“I will also request an audience with Selangor Sultan Sharafuddin Idris Shah as the chairman of the National Council of Islamic Religious Affairs as well as the Council of Rulers to present this matter.
“All stakeholders and those involved with the Syariah Courts will discuss and consider further steps to empower the Syariah Courts. If we need any necessary reforms or amendments, we will urgently do them,” Mohd Naim said in a statement yesterday.
In a 8-1 majority decision earlier yesterday, the apex court allowed an application by two lawyers to challenge 18 provisions in the Kelantan Syariah Criminal Code Enactment 2019.
Chief Justice Tengku Maimun Tuan Mat, who chaired the panel of nine judges, ruled that 16 of those provisions, namely Sections 11, 14, 16, 17, 31, 34, 37, 39, 40, 41, 42, 43, 44, 45, 47 and 48 of the Kelantan enactment were unconstitutional, and therefore null and void.
The Federal Court said these 16 provisions – which include sodomy, defiling a place of worship, sexual harassment, giving false evidence, and providing vice services – were items that were already within the Federal List.
According to the Federal Constitution, only Parliament has powers to enact laws on items within the Federal List, while state legislatures can only pass laws in the state list.
The sole dissenting judgment came from Chief Judge of Sabah and Sarawak Justice Abdul Rahman Sebli.
