It’s a legal action allowed under the law

ON May 25, Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, filed a challenge at the Federal Court via Article 4(4) of the Federal Constitution to nullify 18 Kelantan syariah criminal provisions; they named the Kelantan state government as the respondent.

The pair’s attempt to ensure that the rule of law is adhered to, and that the Constitution is held supreme, ought to be respected and even commended as this does not benefit them personally at all.

It is important that lawmaking bodies like the state legislatures adhere to the rule of law and Constitutionalism.

As to whether Nik Elin and Tengku Yasmin’s concerns are valid in law, let the Federal Court decide. [The Federal Court announced yesterday that it was deferring the decision on the challenge.]

It is worrisome when politicians, especially political parties, appear to attempt to exert influence on the judiciary or incite the public against a legal action allowed under the law.

It is unethical if lawyers, whatever their motives, misrepresent the legal action, and downright shameful if they misrepresent it as a challenge to Islam or the institution of syariah.

I am of the view that empowering syariah courts is to ensure that legislation is properly passed and that what is labelled “syariah” is indeed consistent with the Quran and authentic Sunnah.

I would like to commend the Chief Justice for reminding lawyers to refrain from making comments that would create uneasiness among the public or distort events.

JAHABERDEEN MOHAMED YUNOOS

Senior lawyer

Kuala Lumpur

The letter writer contributes the Through Many Windows column every fortnight to Sunday Star.