Nik Elin case: Why is state gov't being blamed, asks Takiyuddin
Published: Feb 27, 2024 1:41 PM
PARLIAMENT | Kota Bharu MP Takiyuddin Hassan today questioned why the Kelantan state government is being blamed for tabling state syariah provisions that were recently found to contradict the Federal Constitution.
The Perikatan Nasional whip said every state government has a legal adviser who was sent by the Attorney-General's Chambers, whose duties include advising on legislative matters.
"All LA (legal advisers) came from the AGC. These legal advisers would surely give advice to their respective state governments before the government tables any bill at the state legislative assembly.
"But now, it seems that the state government is the one at fault (in Nik Elin's case), whilst the state government had been given official advice by a representative of the attorney-general.
"So, my question is, what is the government doing to rectify this situation?" he asked during Minister's Question Time at the Dewan Rakyat this morning.
Takiyuddin was asking a supplementary question to Deputy Minister in the Prime Minister's Department (Islamic Affairs) Zulkifli Hasan regarding Putrajaya's efforts to defend states' syariah enactment laws, following a recent ruling by the Federal Court that nullified 16 provisions under the Kelantan Syariah Criminal Code Enactment (I) 2019.
Deputy Minister in the Prime Minister's Department (Islamic Affairs) Zulkifli Hasan
To this, the deputy minister said AGC had been consistent by not intervening in legal challenges mounted by several individuals against the constitutionality of syariah provisions in states.
"In the case of Iki Putra in 2021, AGC did not intervene. AGC also did not intervene in the case brought by Nik Elin.
"This shows a consistency in the action of the AGC, based on the overall situation and factors we have today.
"And I would like to remind (you) that in 2021, it wasn't the Madani government that was in power," Zulkifli said.
On Feb 9, a nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat in an 8-1 majority decision allowed lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman’s petition.
To this, the deputy minister said AGC had been consistent by not intervening in legal challenges mounted by several individuals against the constitutionality of syariah provisions in states.
"In the case of Iki Putra in 2021, AGC did not intervene. AGC also did not intervene in the case brought by Nik Elin.
"This shows a consistency in the action of the AGC, based on the overall situation and factors we have today.
"And I would like to remind (you) that in 2021, it wasn't the Madani government that was in power," Zulkifli said.
On Feb 9, a nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat in an 8-1 majority decision allowed lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman’s petition.
The family was challenging the constitutionality of 18 provisions in Kelantan’s Syariah Criminal Code (I) Enactment 2019.
However, the court only allowed 16 out of the 18 to be invalidated.
The Iki Putra case refers to a separate constitutional challenge by Iki Putra Mubarrak against a provision under the Selangor syariah criminal enactment which punishes "sexual intercourse against the order of nature".
In 2021, the Federal Court ruled the provision was invalid, as there was already a federal law criminalising unnatural sex, thus putting it under the sole purview of Parliament.
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