Call for Unity: Sultan of Selangor Urges Respect for Federal Court's Ruling

3 Mar 2024 • 7:00 PM MYT
[X] Zulaikha Farhana
[X] Zulaikha Farhana

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In a recent statement, Minister in Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar urged all parties to respect the Federal Court’s ruling on Nik Elin Zurina Nik Abdul Rashid’s case, emphasizing the supremacy of the Federal Constitution. He highlighted the Special Committee to Study the Competence of the State Legislative Assembly in Enacting Islamic Laws, chaired by former Chief Justice Tun Zaki Tun Azmi, which is studying issues related to the assemblies’ competence and the Syariah Court’s jurisdiction as provided under Item 1 of the States List, the Ninth Schedule of the Federal Constitution.

Mohd Na’im stated that all suggestions from the special committee would be submitted to the National Council of Islamic Religious Affairs (MKI) and then presented to the Council of Rulers for fine-tuning and consent. He called for calm from all parties, urging them not to incite provocations that could cause public concern while waiting for the committee's suggestions.

Sultan Sharafuddin, who chaired the 71st MKI meeting, emphasized the importance of finding solutions to any arising matters by expanding the state legislative assemblies’ competency to enact Shariah criminal law within the framework of the Federal Constitution. Mohd Na’im reiterated the Prime Minister’s Department (Religious Affairs) acceptance of Sultan Sharafuddin’s decree, emphasizing the need to resolve differences in opinion thoughtfully and with a spirit of celebrating diversity in a knowledgeable and prudent manner.

However, despite these calls for unity and respect for the law, there have been concerns over the Federal Court’s February 9 decision, which declared 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019 null and void. This ruling has sparked debates and discussions across the nation, especially regarding the balance between state-level Shariah laws and the Federal Constitution.

Many are questioning the extent to which state legislative assemblies can enact Shariah criminal laws without contravening the Federal Constitution. The issue of jurisdiction and competency of the state assemblies in enacting such laws remains a complex and contentious issue.

In light of these developments, there is a growing need for a comprehensive review and discussion on the relationship between state-level Shariah laws and the Federal Constitution. It is crucial for all parties involved to engage in constructive dialogue and seek solutions that uphold the principles of justice, equality, and respect for the rule of law.

As the nation navigates through these challenging times, it is important for leaders and policymakers to uphold the spirit of the Federal Constitution and work towards a harmonious and inclusive society. Only through mutual respect, understanding, and dialogue can we ensure a peaceful and prosperous future for all Malaysians.

Additionally, it is imperative for all stakeholders to recognize the diverse nature of Malaysian society and the need to accommodate different viewpoints within the framework of the law. While differences in opinion are natural in a democratic society, they should be addressed through peaceful and constructive means.

The role of the Special Committee chaired by Tun Zaki Tun Azmi is crucial in this regard, as it provides a platform for comprehensive discussions and recommendations on the competence of state legislative assemblies in enacting Shariah laws. The committee's work, guided by the principles of the Federal Constitution, will help pave the way for a more harmonious and effective legal framework that respects the rights of all Malaysians.

As the nation moves forward, it is essential for all parties to uphold the rule of law and respect the decisions of the Federal Court. By doing so, Malaysia can strengthen its democratic institutions and ensure the protection of fundamental rights and freedoms for all its citizens.

In conclusion, the call for unity and respect for the Federal Constitution by Sultan Sharafuddin Idris Shah and Minister Mohd Na’im Mokhtar is a reminder of the importance of upholding the rule of law and fostering a culture of inclusivity and understanding. It is through such principles that Malaysia can continue to thrive as a diverse and vibrant nation.


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