FMT:
Terengganu to review state shariah criminal law
Menteri besar Ahmad Samsuri Mokhtar says the Federal Court’s decision on Friday will harm the country’s shariah legal system.
12 Feb 2024, 4:03pm
Terengganu menteri besar Ahmad Samsuri Mokhtar said the state government will take ‘appropriate action’ if any party wishes to challenge the state’s shariah criminal code enactment. (Bernama pic)
PETALING JAYA: The Terengganu government will examine all aspects of the state’s shariah criminal law to ensure it does not contradict federal law, says menteri besar Ahmad Samsuri Mokhtar.
He said this followed Friday’s decision by the Federal Court that struck down 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 as they were unconstitutional.
“The state government will take appropriate action if any party wishes to challenge the state’s shariah criminal code enactment,” he told Utusan Malaysia.
The PAS vice-president also believed that the Federal Court decision would harm the shariah legal system in the country.
“If this continues, we are concerned that the shariah courts will no longer have the authority to enforce Islamic law in this country,” he said.
On Friday, an eight-judge apex court panel, chaired by Chief Justice Tengku Maimun Tuan Mat, struck down 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 because they violated the Federal Constitution.
Announcing the 8-1 majority decision, Tengku Maimun said the state assembly had no power to pass the provisions as part of the enactment as the offences in question were covered under federal law.
The Federal Court ruled that two other provisions in the enactment were valid.
In 2022, lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, filed a constitutional challenge over the Kelantan assembly’s authority to pass 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019.
PETALING JAYA: The Terengganu government will examine all aspects of the state’s shariah criminal law to ensure it does not contradict federal law, says menteri besar Ahmad Samsuri Mokhtar.
He said this followed Friday’s decision by the Federal Court that struck down 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 as they were unconstitutional.
“The state government will take appropriate action if any party wishes to challenge the state’s shariah criminal code enactment,” he told Utusan Malaysia.
The PAS vice-president also believed that the Federal Court decision would harm the shariah legal system in the country.
“If this continues, we are concerned that the shariah courts will no longer have the authority to enforce Islamic law in this country,” he said.
On Friday, an eight-judge apex court panel, chaired by Chief Justice Tengku Maimun Tuan Mat, struck down 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 because they violated the Federal Constitution.
Announcing the 8-1 majority decision, Tengku Maimun said the state assembly had no power to pass the provisions as part of the enactment as the offences in question were covered under federal law.
The Federal Court ruled that two other provisions in the enactment were valid.
In 2022, lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, filed a constitutional challenge over the Kelantan assembly’s authority to pass 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019.
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