PETALING JAYA: PAS should improve its law-making process in Kelantan following last week’s Federal Court decision on the state’s Syariah Criminal Code instead of using the verdict as political fodder, says a former Islamic Affairs Minister.
“PAS must accept that the decision to strike out 16 provisions in the Kelantan Syariah Criminal Enactment (EJSK) 2019 shows the weakness of the Kelantan legislature,” said Senator Datuk Seri Dr Mujahid Yusof Rawa.
The Kelantan assembly had, without careful consideration, approved some provisions in the EJSK that clearly exceeded its legal jurisdiction as noted in the apex court judgment on Feb 9, said Mujahid, who was Islamic Affairs Minister from 2018 to 2020.
“PAS should take the opportunity from this verdict to reform the process of enacting laws for syariah offences so that it is done carefully and they should respect the powers given to state assemblies,” said the Amanah deputy president in a statement on Saturday.
“PAS MPs and assemblymen should explain how the legislative process works and what powers are allocated by the Federal Constitution, which all MPs and state assembly persons promised to defend in their oath of office”.
Supporters of the Kelantan government and PAS, have criticised the verdict with some erroneously declaring that it threatened the position of the syariah courts and of Islam in Malaysia.
In his statement, Mujahid criticised PAS for misleading its followers and some Muslims.
“This can cause enmity that affects the harmony of the country.”
Mujahid said Kelantan’s voters should question which assemblymen approved the EJSK, which Kelantan Speaker had presided over the session and which legal advisers had been consulted.
“The Federal Court’s decision on Feb 9 was a significant blow to the Kelantan state government and showed how weak it is in drafting the laws.
“The legal lesson is the verdict reflects the failure of the state lawmakers and the (Kelantan) Speaker and tarnishes the image of the Kelantan Legislature as it did not respect the jurisdiction given to it by the Federal Constitution.”
