The Federal Court invalidated 16 out of 18 provisions within the Kelantan Shariah criminal enactment, deeming them unconstitutional. The ruling asserts that the Kelantan State Legislature lacked the authority to enact laws on these offenses due to existing federal legislation covering similar matters.
Chief Justice Tun Tengku Maimun Tuan Mat, heading a nine-member judge panel, delivered the majority verdict of 8-1 in response to a constitutional challenge brought forth by two Muslim women. Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli dissented from the majority opinion.
The remaining judges on the panel include President of the Court of Appeal Tan Sri Amar Abang Iskandar Abang Hashim, Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah, and Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.
Native Kelantanese Nik Elin Zurina Nik Abdul Rashid, accompanied by her daughter Tengku Yasmin Nastasha Abdul Rahman, directly petitioned the Federal Court under Article 4(4) of the Federal Constitution, naming the Kelantan government as the sole respondent.
The petition challenges the constitutionality and validity of 18 provisions within the Kelantan Syariah Criminal Code (I) Enactment 2019, arguing that the Kelantan State Legislature exceeded its authority by legislating on these matters, which are already covered by federal laws.
Through this legal action, the two women seek a declaration from the Federal Court that the 18 provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 are invalid, contending that the Kelantan state legislative assembly either overstepped its powers or lacked the authority to enact such laws.
The court's decision marks a significant legal precedent in delineating the jurisdiction between state and federal powers in matters of criminal legislation within Malaysia. It underscores the importance of constitutional principles in safeguarding individual rights and ensuring the proper distribution of legislative authority.
Young Sok Fun is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.
