K'tan syariah code issue: KJ calls for royal intervention to cool down heat
Published: Feb 13, 2024
The Conference of Malay Rulers should step in to cool off the heated temperature surrounding the Federal Court's recent decision to strike down 16 provisions in the Kelantan Syariah criminal code, said Khairy Jamaluddin.
According to the former Umno leader, the rulers can play their part before the findings of a special committee to study the competency of state legislative assemblies to enact Islamic laws under state enactments and the jurisdiction of syariah courts are presented to the Parliament.
“It is hoped that when the findings are presented to them, they would advise for the matter not to be sensationalised.
“Only they can say, only they will be listened to, to not exploit this,” the former minister said in the latest episode of his “Keluar Sekejap” podcast yesterday.
Khairy (above) said that based on his observation since the Federal Court's decision allowing a petition by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 18 Kelantan syariah criminal provisions last week, the situation has gotten too “emotive”, and even inflammatory.
Lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman
“[As such] advise should be given from the very top (the Malay rulers) for this issue to be handled with caution and care,” he said, adding that this should include feedback from all stakeholders.
Khairy’s co-host Shahril Hamdan concurred, saying the coalition government should try and find ways to engage the opposition constructively, in the matter.
“Otherwise, the issue will become heated by the day and that will benefit no one.”
Rules of engagement
Elaborating, Khairy called for rules of engagement in the matter, where the Yang di-Pertuan Agong could call on “stubborn” politicians from both sides of the divide to caution them to not use the issue for political purposes.
“Because this is a question of religion, jurisdiction, the Federal Constitution, and the very foundation of our country.”
Earlier, Khairy and Shahril agreed that the apex court's decision was strictly a matter of jurisdiction between federal and state law and had nothing to do with offending the syariah law.
“[As such] advise should be given from the very top (the Malay rulers) for this issue to be handled with caution and care,” he said, adding that this should include feedback from all stakeholders.
Khairy’s co-host Shahril Hamdan concurred, saying the coalition government should try and find ways to engage the opposition constructively, in the matter.
“Otherwise, the issue will become heated by the day and that will benefit no one.”
Rules of engagement
Elaborating, Khairy called for rules of engagement in the matter, where the Yang di-Pertuan Agong could call on “stubborn” politicians from both sides of the divide to caution them to not use the issue for political purposes.
“Because this is a question of religion, jurisdiction, the Federal Constitution, and the very foundation of our country.”
Earlier, Khairy and Shahril agreed that the apex court's decision was strictly a matter of jurisdiction between federal and state law and had nothing to do with offending the syariah law.
‘Keluar Sekejap’ co-host Shahril Hamdan
Khairy said the verdict must be viewed from a technical angle that concerns jurisdiction, and not given a political tinge.
He particularly referred to the statement by PAS secretary-general Takiyuddin Hassan that the verdict was a “Black Friday” for the country’s syariah judicial system as a remark that fanned the fire.
“This is raising the 3R (race, religion, royalty) element for no reason. This (the verdict) is strictly a matter of jurisdiction, don't try to politicise it,” Khairy said.
Khairy also slammed the proposal by PAS information chief Ahmad Fadhli Shaari for the government to amend the Federal Constitution to include criminal jurisdiction in its Concurrent List, as a “dangerous” idea that would create confusion and duality in the country.
Khairy said the verdict must be viewed from a technical angle that concerns jurisdiction, and not given a political tinge.
He particularly referred to the statement by PAS secretary-general Takiyuddin Hassan that the verdict was a “Black Friday” for the country’s syariah judicial system as a remark that fanned the fire.
“This is raising the 3R (race, religion, royalty) element for no reason. This (the verdict) is strictly a matter of jurisdiction, don't try to politicise it,” Khairy said.
Khairy also slammed the proposal by PAS information chief Ahmad Fadhli Shaari for the government to amend the Federal Constitution to include criminal jurisdiction in its Concurrent List, as a “dangerous” idea that would create confusion and duality in the country.
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