Tuesday, February 13, 2024

Nik Elin: Some Amanah members supportive of Kelantan constitutional challenge, PAS 'hurt' the most by decision





Nik Elin: Some Amanah members supportive of Kelantan constitutional challenge, PAS 'hurt' the most by decision




Lawyer Nik Elin Zurina Nik Abdul Rashid says no other Malay-majority parties had so far stood up to support her. ― Screenshot via YouTube

Tuesday, 13 Feb 2024 2:09 PM MYT



KUALA LUMPUR, Feb 13 — Lawyer Nik Elin Zurina Nik Abdul Rashid said that only some Parti Amanah Negara members had backed her during the constitutional challenge against Kelantan state provisions.

The activist, who recently revealed that she is a member of Umno and Muafakat Nasional, said that no other Malay-majority parties had so far stood up to support her.


“It’s members of the Amanah chat group ... But nobody from the top echelon of Amanah,” she told a podcast hosted by former law minister Datuk Zaid Ibrahim.

However, Nik Elin said she was disappointed by the Shariah Affairs Bureau in the Selangor chapter of the Islamist party who said last week that she and her daughter should have used “more harmonious” channels before taking the matter to court.


She previously said that she had previously backed Umno splinter Parti Melayu Semangat 46, but underlined that she is not a politician.


Nik Elin also suggested earlier in the podcast that politicians from the Islamist party PAS would be those who are most "hurt" by the Federal Court decision.

The 62-year-old lawyer and activist said this was because PAS leaders had diligently attended court for hearings and decisions on the case.

“So they came in droves on Friday, and they've been coming every time for the hearings and decisions.

“So PAS has been speaking, talking and saying that it's a 'black Friday',” she said, referring to its secretary-general Datuk Seri Takiyuddin Hassan’s remark on February 9.

In response to Takiyuddin, former religious affairs minister Datuk Seri Mujahid Yusof Rawa had advised PAS to not mislead its followers and the Muslim community about the decision.

The senator urged the Islamist party to instead, rightfully explain the judgment and “to be honest” rather than using the verdict as political fodder that undermines the harmony of the nation’s laws.

Speaking further in the podcast, Nik Elin asserted that this is because PAS is adamant about forcing an amendment to the Federal Constitution to prevent any state enactments from being affected by a decision on the federal level.

However, she added that it would take a massive drafting to balance and adhere to the Constitution.

Nik Elin and her daughter challenged the constitutionality and validity of 18 provisions under the Kelantan Shariah Criminal Code (l) Enactment 2019, claiming that the Kelantan State Legislature does not have the power to enact laws on these offences because there are federal laws covering the same.

The Federal Court decided in their favour on Friday and declared that 16 out of 18 provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 were invalid, as the Kelantan state legislative assembly had overstepped its powers or had no powers to make such laws.

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