Sultan Sharafuddin Idris Shah of Selangor made it clear that he will not wade into the ongoing debates surrounding the Federal Court’s recent ruling which declared 16 provisions within the Kelantan Syariah Criminal Code Enactment 2019 null and void.
During the 71st meeting of the National Council of Islamic Religious Affairs (MKI) in Putrajaya, Sultan Sharafuddin, who also chairs the MKI, emphasized his reluctance to engage in the polemics surrounding the court’s decision. He acknowledged that while there are various interpretations of the court’s ruling, some comments have been made with vested interests, potentially causing confusion among Muslims in the country.
The Federal Court’s decision on February 9, with an 8-1 majority, came as a landmark ruling, granting the plea of two Muslim women to nullify 16 provisions within the Kelantan Syariah Criminal Code Enactment 2019. Chief Justice Tun Tengku Maimun Tuan Mat, heading a panel of nine judges, delivered the decisive verdict.
Among the invalidated sections are 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, and 48 of the Kelantan Syariah Criminal Code (1) Enactment 2019. However, Chief Justice of Sabah and Sarawak Datuk Abdul Rahman Sebli dissented from the decision.
The petition to the Federal Court was initiated by Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Abdul Rahman, both from Kelantan. They invoked Article 4(4) of the Federal Constitution in their plea, naming the Kelantan government as the sole respondent. The crux of their challenge revolved around the constitutionality and legality of 18 provisions within the Kelantan Syariah Criminal Code (1) Enactment 2019, arguing that the Kelantan State Legislative Assembly lacked the authority to legislate on these offenses, as they were already covered by federal law.
The panel, which included eminent jurists such as Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Chief Justice of Malaya Tan Sri Mohamad Zabidin Mohd Diah, supported the majority ruling. However, there remains dissent and ongoing discussion regarding the implications and ramifications of this decision within legal circles and among the wider populace.
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