The recent decision by the Federal Court to annul 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 has stirred significant concern among Muslim leaders, including PAS secretary-general Takiyuddin Hassan. Describing it as a 'dark day in history for Muslims,' Takiyuddin Hassan expressed apprehension over the potential implications of the ruling not only in Kelantan but also in other states where Shariah laws are in place.
In Takiyuddin's view, the Federal Court's decision poses a significant threat to Shariah laws across the nation. He warned that the annulment of these provisions could set a precedent that undermines the authority of Shariah courts in other states. The Kota Bharu MP emphasized that defending Shariah law is synonymous with upholding the institution of the Malay rulers, indicating the deep-rooted significance of Shariah in Malaysian society.
Expressing his disappointment, Takiyuddin Hassan anticipated that many Members of Parliament would raise questions about the Federal Court's decision in the upcoming session of the Dewan Rakyat. He emphasized the importance of ensuring that Islamic laws are upheld by all parties, including the government, to safeguard the interests of Muslims in Malaysia.
Takiyuddin also questioned the implications of Shariah enactments being annulled by the civil court, asserting the need for Islamic laws to be respected and upheld. He reiterated Islam's status as the national religion and called for concerted efforts to ensure the protection of Shariah laws.
Meanwhile, Zai Mustafa, the joint chairman of Gerakan Selamat Syariah, announced plans to submit a memorandum to the Yang di-Pertuan Agong and the Sultan of Selangor to address the concerns raised by the Federal Court's decision. He emphasized the non-political nature of their actions and urged Muslims nationwide to pray for the protection of Islam amidst these challenges.
Pengkalan Pasir assemblyman Nasriff Daud expressed his apprehensions about the lingering influence of colonial laws on Malaysia's legislation, despite the country's independence. He highlighted concerns about the diminishing power of Shariah courts and the potential impact on the authority of rulers in the wake of the Federal Court's ruling.
The Federal Court's decision, reached by a panel of nine judges, underscored the constitutional limitations on state assemblies' power to approve provisions that overlap with federal laws. Despite the ruling's specific focus on Kelantan's Shariah Criminal Code, its broader implications on Shariah enactments nationwide raise significant concerns among Muslim leaders and legal experts alike.
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