KUALA LUMPUR – The government has formed a Special Committee to study issues related to federal and state jurisdictional issues around the implementation of shariah laws, according to Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar.
In a parliamentary written response, Na’im said the Special Committee’s primary focus would be to specifically address the competency of state legislative assemblies in Islamic law and the jurisdiction of shariah courts.
“The government is committed to resolving jurisdictional conflicts between federal and state levels, as well as between civil and shariah courts, to strengthen and dignify shariah legislation and the justice system in the country,” he said.
Responding to a query from Datuk Che Mohamad Zulkifly Jusoh (Besut-PN) regarding the status of alleged homosexual individual Iki Putra Mubarak and Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid – who have both made seperate legal challenges on the implementation of shariah laws.
Na’im said that the government would consider suggestions, including potential amendments to the federal constitution, following the committee’s study and recommendations.
The committee is slated to convene for the first time on December 4 to establish the direction of study and investigation, proposing solutions within the framework of Islamic law in Malaysia, he added.
The establishment of the Special Committee stems from the Sultan of Selangor’s decree during the National Council for Islamic Religious Affairs Malaysia (MKI) Meeting on August 28 this year.
In May, Nik Elin and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, filed a constitutional challenge seeking to nullify 20 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019.
The mother-daughter pair argued that the Kelantan legislative assembly lacked the authority to enact criminal laws, citing Article 4(4) of the federal constitution.
Under Article 4(4), the validity of any laws passed by the Parliament or state legislature can be contested in court.
In February 2021, the Federal Court unanimously allowed Iki Putra’s challenge on Section 28 of the Syariah Crimes Enactment (Selangor) 1995, which stipulates “unnatural” sex as a crime.
Chief Justice Tun Tengku Maimun Tuan Mat, who presided over the panel of nine judges, ruled that the main authority to pass criminal laws rests with Parliament.
She also noted that the Selangor enactment was in conflict with the federal constitution.
Previously, Iki Putra was charged in the Selangor Syariah Court on August 2019 for committing sodomy in Bangi. – November 27, 2023