Kelantan assembly approves motion to re-enact nullified shariah provisions

6 Mar 2024 • 7:24 PM MYT
Daily Express
Daily Express

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PETALING JAYA: The Kelantan state assembly has approved a motion to re-enact 16 provisions under the Kelantan Syariah Criminal Code (I) Enactment 2019 that was struck down by the Federal Court last month.

The motion brought by Wan Rohimi Wan Daud (PN-Melor) was unanimously passed by all assemblymen, including the two from the opposition.

Kelantan state assembly speaker Amar Nik Abdullah said he found that the motion fulfilled the three conditions to be accepted for debate. “It is a specific and important issue, pertains to a matter of public interest and must be expedited,” he added.

Wan Rohimi, when proposing the motion, said numerous old Malay laws incorporating Islamic principles had successfully transformed the community since the 16th century up to the arrival of the British colonists.

SPONSORED CONTENT Sabah revenue hits RM6.97 billion: Hajiji says GRS State Government may see full term Kota Kinabalu: The Sabah Government continued its momentum in managing the economy in line with the commitment and spirit of the Sabah Maju Jaya (SMJ) when it posted record high state revenue of RM6.973 billion last year. Read more Meanwhile, Islamic development, dakwah, information and regional relations committee chairman Asri Mat Daud, said a special task force would be set up to look into the re-enactment of the provisions.

The task force will first discuss the 16 provisions before tabling them at the state assembly, he said, according to Sinar Harian.

Asri said the process would most likely take place after Hari Raya Aidilfitri.

On Feb 9, the apex court struck down 16 provisions in the Kelantan shariah criminal code on grounds that they were unconstitutional.

Announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat 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.

Meanwhile, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli dissented and held that the constitutional challenge brought by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman was an abuse of court process.

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