Don’t comment on ongoing cases, CJ reminds lawyers in Kelantan syariah case

PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat has reminded parties involved in a constitutional challenge to a Kelantan syariah criminal enactment not to comment on the case while it is ongoing.

Tengku Maimun said it would be inappropriate for lawyers to speak about ongoing cases because, as members of the Bar Council, they are bound by existing practices and etiquette rules and they should not incite the public.

“This issue is not about undermining the position of Islam and syariah. It is simply on the competency of the Kelantan state legislature to legislate on the impugned provisions,” she said on Monday (Nov 20).

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“We would like to remind everyone to uphold the rule of law and not incite the public."

Earlier in the day, Malik Imtiaz Sarwar, representing Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman in the case, said lawyer Yusfarizal Yusoff, acting for the Kelantan Islamic Religious Affairs Department, had allegedly commented on the issue on Sept 16.

Tengku Maimun, who was presiding over the case, then asked Yusfarizal to confirm whether or not he made the statement, as alleged by Nik Elin in her affidavit.

In response, Yusfarizal said he would reply to Nik Elin’s affidavit after checking the recording and transcript in which he allegedly made the remark.

Tengku Maimun then proceeded and said the case does not undermine the syariah courts or the Islamic faith.

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“Much of what is said about this petition is a distorted version,” said Tengku Maimun.

Last year, Nik Elin and her daughter Tengku Yasmin filed a constitutional challenge against 20 provisions under Kelantan’s syariah criminal enactment.

They argued that these provisions, which include punishments for incest, gambling, necrophilia, sodomy and sexual harassment, among others, were invalid as they are already covered by federal law.

The duo also argued that the power to legislate criminal matters belong to Parliament, as state assemblies only have the right to enact laws concerning Islamic faith.

The Federal Court will decide later on Monday if the 20 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 are unconstitutional.