Sisters in Islam (SIS) has lauded the recent decision by the Federal Court to invalidate 16 out of 18 provisions within the Kelantan Shariah criminal enactment, deeming them unconstitutional. This ruling, delivered yesterday, emphasized that the Kelantan State Legislature lacked the authority to enact laws covering these offences, as they are already addressed by federal laws.
In response to PAS secretary-general Datuk Seri Takiyuddin Hassan's characterization of the verdict as "Black Friday" for Shariah laws, SIS condemned such misleading statements. They emphasized that such narratives, especially coming from legal professionals, serve to exploit religion for political purposes. Instead, SIS urged for the celebration of this ruling as a reaffirmation of the strength of the Federal Constitution and the foundational principles of the nation.
Highlighting the significance of the Federal Court's decision, SIS underscored the importance of adherence to constitutional principles by state legislative assemblies. The majority verdict of 8-1 in favour of invalidating the provisions demonstrates a commitment to upholding universal laws that ensure equality for all Malaysians, regardless of religious or ethnic background.
Chief Justice Tun Tengku Maimun Tuan Mat led the panel of judges in delivering the verdict, emphasizing that the case serves as a reminder of the dangers of instigating fear and mistrust under the guise of religious freedoms. SIS stressed that the ruling does not pose a threat to Islamic principles but rather underscores the necessity of respecting constitutional boundaries.
Looking ahead, SIS called for all parties to respect the Federal Court's decision and refrain from politicizing the matter. They emphasized the importance of fostering unity and understanding among Malaysians, transcending religious and ethnic divisions. Additionally, SIS warned against the spread of hate speech and incitement to violence, emphasizing that such actions undermine the fabric of society.
The legal challenge was brought forth by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Abdul Rahman, who petitioned the Federal Court under Article 4(4) of the Federal Constitution. Their challenge questioned the constitutionality and validity of 18 provisions under the Kelantan Shariah Criminal Code (I) Enactment 2019, arguing that the Kelantan State Legislature overstepped its powers in enacting these laws.
The provisions covered various Shariah offences, including false claims, destruction of places of worship, and sexual offences. The Federal Court's decision, with only one dissenting judge, reaffirmed the importance of respecting constitutional principles and upholding the rule of law in Malaysia.
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