M.Krishnamoorthy
A media coach, adjunct professor and author
Lawyer Nik Elin Zurina Nik Abdul Rashid has lodged three police reports over death threats. She said she had lost count of the number of death threats, and this was after challenging the constitutionality of Kelantan's state laws.
She clarified that the constitutional challenge was neither political nor an attack on Islam.
“Now they have even questioned the prime minister when it has nothing to do with the prime minister or any particular political party,” she reportedly said.
“There is no need to mix and play politics with religion. Instead, serve the Muslims well, take care of their present hardships, and make the current system more efficient.”
Dato Mohd Zaid Ibrahim, a lawyer and former minister in the Prime Minister's Department for Legal Affairs and Judicial Reform (March 2008-September 2008), said while congratulating Chief Justice Tun Tengku Maimun Tuan Mat. She led a nine-member panel of judges and delivered the majority verdict of 8-1. Zaid tweeted his congratulatory statement.
The case was in the constitutional challenge filed by Nik Elin Zurina and her daughter, Tengku Yasmin Natasha Abdul Rahman.
“There is no need to violate and infringe on our Constitution and destroy the framework our leaders had worked hard to establish in 1957/63 by overzealous demands for an Islamic system. Work with what we have, and accept that we are a democracy.
“Again, thank you to Tengku Maimun and the other judges for doing what is right,” Zaid commended.
“It is a historic day that will always be remembered when the supremacy of our constitution is protected and reaffirmed by the highest court, the Federal Court. Today is also the day that our Chief Justice puts herself in the annals of our legal history, in the same mould as John Marshall did in defending the powers of the United States Supreme Court to strike down unconstitutional laws through judicial review. ( Marbury vs Madison)”
Zaid said that he had challenged the state Hudud law as unconstitutional as the power to legislate criminal laws is vested with Parliament. “Leave was obtained for the issue to be decided by the Federal Court, but political pressure was brought on me to withdraw the case. I was told it might cause the defeat of BN.
“Congratulations, Nik Elin, for your courage in standing by the laws of the land. You have succeeded where I could not do it 30 years ago. As for PAS Bersatu and the Malay-based parties, Islam is already secure. Our system already provides enough avenues for Islamic laws to be practised. Shariah courts already have enough power to administer justice,” said Zaid, previously a Senator in the Dewan Negara.
Nik Elin Zurina filed the case because she felt that all state legislative assemblies in Malaysia would now exercise more excellent care in ensuring that their religious enactments were harmonised with the laws of Malaysia under the ambit of the nation's courts.
The lawyer, who hails from Kelantan, defended her action by filing a petition challenging 18 provisions under the Kelantan Syariah Criminal Code (l) Enactment 2019.
A 45-minute interview with NST and two lawyers is on YouTube.
Elin said that everyone would agree that there was a constitutional breach in the state's enactment. Speaking after the Federal Court ruling to declare 16 of the provisions in the enactment as unconstitutional and invalid, she said that the petition mounted by herself and her daughter was for the good of all.
Nik Elin stressed that the ruling upheld the Federal Constitution as being supreme.
The matter has nothing to do with Islamic doctrine, she said when met by reporters at the Palace of Justice after the verdict was delivered.
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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