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Opposition Leader Datuk Seri Hamzah Zainudin has expressed concern over the Federal Court's recent decision, asserting that it signifies a decline in the powers and position of Malay Rulers. The ruling, which deemed parts of Kelantan’s Shariah criminal enactment unconstitutional, has broader implications as similar enactments in other states are now vulnerable to annulment, according to Hamzah.
In response to this, Hamzah emphasizes the necessity of amending the Federal Constitution to strengthen Shariah laws, particularly safeguarding the constitutionally guaranteed right of the Malay-Muslim majority to profess and practice their faith. He calls for unity among all relevant parties, irrespective of political affiliations, to address this matter.
Seeking to reinforce his stance, Hamzah plans to submit a memorandum on the issue to the Yang di-Pertuan Agong and the Sultan of Selangor, highlighting the urgency of collective action. The Federal Court's decision earlier today declared 16 out of 18 provisions under the Kelantan Shariah criminal enactment unconstitutional. The rationale behind this ruling was that the state legislature lacked the authority to enact laws of such nature, which fall under the purview of Parliament.
Nik Elin Zurina Nik Abdul Rashid, the lawyer behind the lawsuit leading to the ruling, views the decision as an endorsement of the Federal Constitution as the supreme law of the land. Chief Justice Tun Tengku Maimun Tuan Mat, who led the nine-member panel of judges, emphasized that the Kelantan Shariah criminal enactment and its provisions are not mandated by Allah but by the state assembly.
Despite such clarifications, politicians like PAS secretary-general Datuk Seri Takiyuddin Hassan assert that the decision goes against Shariah law itself. The controversy has prompted the government, including Prime Minister Datuk Seri Anwar Ibrahim, to distance itself from the ruling, emphasizing the administration's lack of involvement in the Federal Court’s decision.
Initiating the legal challenge, Nik Elin, a Kelantan native, and her daughter Tengku Yasmin Nastasha Abdul Rahman filed a petition directly with the Federal Court, citing Article 4(4) of the Federal Constitution. In their plea, they named the Kelantan government as the sole respondent, urging the court to declare provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 as invalid, arguing that the state legislative assembly had overstepped its powers in making such laws.
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