PUTRAJAYA – Kelantan deputy MB Mohamed Fadzli Hassan has urged the federal government to make necessary amendments to the federal constitution, following today’s decision by the apex court.
Earlier, the Federal Court ruled that 16 criminal provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019 are unconstitutional and nullified.
In response to this, Fadzli said that a special committee formed by the Kelantan state assembly to study the case would first review the decision before proceeding with any amendments to the enactment.
“On behalf of the Kelantan government and its people, we express deep disappointment with this decision. We would seek an audience with the Sultan of Kelantan, Sultan Muhammad V, as soon as possible to inform him of the ruling made today.
“The issue affects not only the Kelantan government but also all other state governments.
Fadzli said that despite the ruling, the state would not stop taking steps to uphold shariah law in Kelantan.
“The provisions have been enforced for some time, so why challenge them in the first place?
“But either way….we accept this decision. We will obtain the written grounds of the case and examine the decision. It will not stop here, we will find a way.
“I also urge those who support us to be patient and please continue to ‘doa’ (pray)…and don’t do anything provocative or outside the law,” he said.
Earlier, in an 8-1 split majority decision, a nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat ruled that the state assembly had no power to enact the 16 provisions, as the offences in question fell within the purview of federal law, while the Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli dissented and maintained that the state assembly is empowered to do so.
In 2022, lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman filed a constitutional challenge against 20 provisions within the Kelantan Syariah Criminal Code (I) Enactment 2019.
They sought a declaration to nullify these provisions, contending that they bear resemblance to existing provisions within the Federal List and offences outlined in the Penal Code.
The 18 provisions they challenged are under the Kelantan Shariah Criminal Code (1) Enactment 2019, which lists more than 50 offences and was gazetted in December 2020. – February 9, 2024