.jpg)
By Mihar Dias (C) Copyright February 2024
The recent landmark decision by the Federal Court to invalidate several provisions in the Kelantan Syariah Criminal Code Enactment 2019 is a significant moment in Malaysia's legal history.
Former law minister Datuk Mohd Zaid Ibrahim rightly praises the court for upholding the supremacy of the Constitution, reaffirming its pivotal role in the nation's governance.
In his commendation, Zaid Ibrahim underscores the perpetual struggle to safeguard the Constitution against political agendas, particularly those advocating for a legal system based solely on Islamic law.
He aptly points out the contradiction between swearing allegiance to defend the Constitution while simultaneously promising to introduce laws that challenge its authority.
The decision to strike down these provisions serves as a reminder of the importance of maintaining the balance between religious principles and constitutional rights.
Zaid Ibrahim's own past challenge against state-level Hudud laws highlights the enduring battle to preserve the constitutional framework established by Malaysia's leaders.
The courage displayed by individuals like lawyer Nik Elin Zurina Nik Abdul Rashid in challenging unconstitutional laws deserves recognition. Their commitment to upholding the rule of law despite political pressure sets a commendable example for others.
Zaid Ibrahim's call for political parties to focus on serving the people within the existing constitutional framework resonates strongly. He rightly advocates for utilizing the existing avenues within Syariah Courts to administer Islamic laws rather than seeking to politicize religion for personal or ideological gain.
Chief Justice Tun Tengku Maimun Tuan Mat's assertion that state legislatures lack the authority to enact certain laws reinforces the principle of legal hierarchy and underscores the importance of respecting constitutional boundaries.
Moving forward, it is imperative for all stakeholders, including political parties and religious groups, to work collaboratively within the framework of Malaysia's democratic system. This means prioritizing the welfare of all citizens while respecting the rule of law and upholding the supremacy of the Constitution.
In conclusion, the Federal Court's decision represents a victory for Malaysia's legal framework and a reaffirmation of the fundamental principles upon which the nation was founded.
It is a testament to the resilience of Malaysia's democratic institutions and serves as a reminder of the ongoing commitment to uphold constitutional values in the face of evolving political and social dynamics.
Mihar Dias is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.
