[LIVE] Nik Elin v Kelantan: justices void 16 out of 18 provisions, over 500 gathered outside

Justices comes to decision with 8-1 majority, ruling state assembly only has power over two provisions

8:35 AM MYT

 

KUALA LUMPUR – The Federal Court in Putrajaya is set to announce its verdict today on a constitutional challenge initiated by two Muslim women regarding the legality of 18 provisions within Kelantan’s shariah criminal laws.

This landmark ruling will determine whether lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Abdul Rahman are right to assert that Kelantan assembly did not have the power to enact laws on the 18 offences.

Scoop brings you live updates from inside and outside the courtroom.

10.37am – The supporters who gathered at the court premises begin to disperse, leaving the compound. No commotion has been reported so far.

10.11am – Takiyuddin explains that the decision rendered by the Federal Court was unfavourable to the state government.

Takiyuddin said that he hopes the court’s decision will serve as a lesson to Muslims, Islamic law, and the current government on the importance of upholding the law.

9.34am – Takiyuddin has said that the gathering was held to protect the rights of Muslims, and not to take away others’.

9.25am – Technical issues are causing audio problems while PAS leaders deliver their speeches.

9.23am – The apex court strikes out 16 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019.

The justices rule that only two Sections out of 18 provisions contended are legal, which are Section 13 (selling or giving away a child to non-Muslim or morally reprehensible Muslim) and Section 30.

While the remaining 16 sections in the suit are considered illegal.

9.21am – PAS leaders, including Takiyuddin, will deliver a speech to gatherers soon.

Those who gathered outside the Palace of Justice perform the ‘solat hajat’ in support of the Kelantan state assembly. – Abdul Razak Latif/Scoop pic, February 9, 2024

9.20am – The “solat hajat” has concluded and gatherers are now chanting the takbir.

9.10am – The court proceeding begins as nine-panel justices led by Chief Justice Tun Tengku Maimun Tuan Mat take their seats.

9.09am – Several PAS leaders are also present, including secretary-general Datuk Seri Takiyuddin Hassan, former Kelantan menteri besar Datuk Ahmad Yaakob, party information chief Ahmad Fadli Shaari dan Bachok MP Syahir Sulaiman.

9.03am – More than 500 people including PAS supporters and the public are performing the “solat hajat” outside the courthouse. 

8.54am Perikatan Nasional representatives are seen to be laying down mats in preparation to perform “solat hajat” outside the courthouse. The number of people gathering at the court complex seems to be increasing.

People are seen to be gathering in the vicinity of the court, some carrying placards. – Abdul Razak Latif/Scoop pic, February 9, 2024

8.30am More than 100 people, including PAS supporters, have started gathering in the vicinity of the court here in anticipation of the decision. They were also seen carrying placards that read “Pertahankan Enakmen Syariah Kelantan” (defend the Kelantan shariah enactment).

7.40am Lawyer Nik Elin and her daughter Tengku Yasmin arrive at the Palace of Justice in Putrajaya.

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