PETALING JAYA: The decision by the Federal Court to strike down 16 provisions in Kelantan syariah enactment does not affect the position of the Syariah Courts as it remains strong as guaranteed in the Federal Constitution, says the Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar.
In an immediate statement on Friday (Feb 9), Mohd Na’im appealed for calm from all sides as he stated a study on the judgment by the Apex Court is needed and that he would consult all stakeholders to further improve and empower the Syariah Courts.
He also said that he would be requesting an audience with His Majesty Sultan Ibrahim, King of Malaysia and Deputy King Sultan of Perak, Sultan Nazrin Muizzuddin Shah to present the decision of the court on Friday (Feb 9).
Mohd Na’im said that he would also request an audience with Selangor Sultan Sharafuddin Idris Shah, the chairman of the National Council of Islamic Religious Affairs (MKI).
"The Prime Minister’s Department (Religious Affairs) takes note of the decision by the Federal Court on the case of Nik Elin Zurina Nik Abdul Rashid.
"I have urgently directed the Department of Islamic Development Malaysia (Jakim) and the Syariah Judiciary Department Malaysia (JKSM) to obtain the written judgment of this case as soon as possible for the purpose of studying and further planning.
"The reasons for the judgment of this case will be studied and further planning will be made to ensure that the agenda to further improve and empower Syariah Courts will be continued in Malaysia.
"I will request an audience with His Majesty Sultan Ibrahim and Deputy King Sultan of Perak, Sultan Nazrin Muizzuddin Shah to present the decision of the court on Friday.
"I will also request an audience with Selangor Sultan Sharafuddin as the chairman of the National Council of Islamic Religious Affairs (MKI) as well as the Council of Malays Rulers to present this matter," said Mohd Na’im.
He pointed out that the Federal Government’s committee to study the competency of the state assemblies headed by former chief justice Tun Zaki Azmi would also study the decision.
The decision then would be presented to the MKI and the Council of Malay Rulers.
"All parties are requested to remain calm and not resort to provocations which may lead to public unrest.
"The Syariah Court stands and is guaranteed of its existence as provided for by the Federal Constitution," said Mohd Na’im.
Earlier on Friday morning, 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.
Chief Justice Tengku Maimun Tuan Mat, who chaired a panel of nine judges, ruled that Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, 48 of the Kelantan Syariah Criminal Code (1) Enactment 2019 were null and void.
The sole dissenting judgment came from Chief Judge of Sabah and Sarawak, Justice Abdul Rahman Sebli.
