Apex court decision can have impact on powers of Royal institution, claims Hamzah

PETALING JAYA: The Federal Court judgement regarding the 16 provisions of the Kelantan state syariah law that have been deemed unconstitutional can have a huge impact on the powers of the Royal institution, claims Datuk Seri Hamzah Zainudin.

"If viewed from a layman's point of view, this decision could significantly impact the eroding of the powers and jurisdictions of the Malay Rulers," the Opposition Leader said.

"The Malay Rulers, including the Yang di-Pertuan Agong, have sworn to uphold the religion of Islam at all times when taking the oath of office according to Article 37(1) (of the Federal Constitution).

"This effect of this decision will disrupt the syariah criminal enactment in all the other states in this beloved country. It will expose the enactments in other states to the risk of cancellation," he said in a statement Friday (Feb 9).

He said there was a need to amend the Federal Constitution as the way forward in regard to the right to "profess and practice" what has been enshrined.

"We urge all stakeholders to come together to the same table without regard to the political divide to accomplish this.

"In addition, I, as the Opposition head, will request audiences to hand over a special memorandum to His Majesty the Yang di-Pertuan Agong and the Sultan of Selangor as chairman of the National Council for Islamic Religious Affairs Malaysia (MKI) in the near future to inform Their Majesties of the people's voice on the matter, and advise the necessary steps that will need to be taken," he said.

Earlier Friday, the Federal Court ruled that 16 provisions of the Kelantan state syariah law were unconstitutional.

In an 8-1 majority decision, the apex court allowed the application by a mother and daughter duo who challenged 18 provisions under the Kelantan Syariah Criminal Code Enactment 2019.

Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman made the legal challenge on the grounds that the provisions were invalid due to the Kelantan state legislative assembly having no power to enact the law.