PUTRAJAYA – PAS has described the Federal Court’s ruling to strike out 16 criminal provisions in the Kelantan shariah as a “Black Friday” for the country’s shariah judicial system.
Its secretary-general Datuk Seri Takiyuddin Hassan said the decision could pose a threat to shariah law in other states as well.
“We are very sad today. This is ‘Black Friday’…a black Friday for Islamic shariah law, that’s what we can think of.
“When the provisions of shariah law in one state are nullified, it puts similar provisions of other states at critical risk.
“For instance, if someone from Negri Sembilan or Melaka is charged with a shariah offence such as sodomy in a shariah court, they will be brought to the Federal Court, where the charge is likely to be dismissed.
“This means that no one can be charged in any shariah court with shariah offences.
“So that’s why we are emotional, (because) this is not a small matter. Defending shariah means defending the institution of the Malay rulers,” he told the media at the Palace of Justice here today.
On the next course of action on the matter, Takiyuddin said that it should be referred to the Kelantan government.
“This is because the current law in question pertains to the jurisdiction of the Kelantan government.
Takiyuddin, who is also Kota Bharu MP, said that he hopes other MPs will raise questions concerning the Federal Court’s decision in the upcoming Parliament session.
“We know that at the federal level, there is a committee called the National Council for Malaysian Islamic Religious Affairs (MKI), which is chaired by the Sultan of Selangor.
“So, we will also ask in Parliament about the outcomes of MKI’s authority, specifically regarding measures taken to uphold the principles of shariah law. We also hope to have an audience with the King and MKI chairman on this matter,” he added.
Meanwhile, Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal said the decision was anticipated to be unfavourable to the Kelantan government.
“As expected, we lost 8-1. The curse of the Pangkor Treaty continues,” he said.
Earlier, the Federal Court declared null and void 16 Syariah offences outlined in the Kelantan Syariah Criminal Code Enactment (I) of 2019.
The decision was rendered by a panel of nine judges led by Chief Justice Tun Tengku Maimun Tuan Mat, following an application filed by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman.
Tengku Maimun, in the panel’s judgement, said that the court allowed the petition because the offences in question fell within the purview of federal law.
However, the court retained Section 13 (pertaining to selling or giving away a child to non-Muslims or morally reprehensible Muslims) and Section 37 of the enactment. – February 9, 2024