Rapt attention: The atmosphere at the official opening of the Kelantan State Assembly at Kota Darulnaim Complex in Kota Baru. — Bernama
PETALING JAYA: Despite the Federal Court having nullified the 16 provisions in the state’s Syariah Criminal Code (I) Enactment 2019 last month, the Kelantan legislative assembly passed a motion to re-enact the same provisions yesterday.
The motion, presented by Melor assemblyman Wan Rohimi Wan Daud, was agreed upon by all assemblymen, including two Opposition lawmakers from Pakatan Harapan and Barisan Nasional.
Speaker Datuk Mohd Amar Abdullah, when approving the motion, said the motion fulfilled the three criteria to be accepted for debate.
“It is a specific and important issue, pertains to a matter of public interest and must be expedited,” he said.
On Feb 9, the apex court struck down the 16 provisions in the Kelantan syariah criminal code on grounds that they were unconstitutional.
A panel of nine judges chaired by Chief Justice Tun Tengku Maimun Tuan Mat declared as void the enactment after allowing a petition submitted by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman.
Tengku Maimun said the state assembly had no power to pass the provisions as part of the enactment as the offences in question were covered under federal law.
The top judge said the legislative powers of the federal and state governments are determined by the Federal Constitution in the Federal List and State list. She had said neither Parliament nor state legislative bodies can enact laws beyond their respective lists.
Among the law provisions that were struck down were the ones on destroying or defiling a place of worship (Section 11); sodomy (Section 14); sexual harassment (Section 31); possessing false documents, giving false evidence, information or statement (Section 34), gambling (Section 37) and incest (Section 47).
Meanwhile, Mohd Asri Mat Daud, a state executive councillor in charge of Islamic affairs, was quoted by Sinar Harian as saying that he would present the matter concerning the 16 nullified provisions in a special committee.
The committee would discuss all the provisions before they were presented to be re-enacted, he said.
“We will bring this again to the state assembly. Once everything concludes, we are confident it can be brought up to Tuanku Sultan,” he said, referring to Sultan Muhammad V.
Asri, however, did not specify a timeline for the process but pointed out that it would be after Hari Raya Aidilftri.
When proposing the motion, Wan Rohimi said various old Malay laws incorporating Islamic principles had successfully transformed the community since the 16th century until the arrival of British colonists.
