KUALA LUMPUR – All parties are urged not to continue unhealthy and misleading polemics regarding the Federal Court’s decision to declare 16 offences in the Kelantan Shariah Criminal Offences Enactment (I) 2019 as null and void last Friday, Communications Minister Fahmi Fadzil said.
Fahmi, also the unity government spokesperson, said this must be done for the well-being of society.
Fahmi also expressed gratitude for the advice and views of the Sultan of Selangor Sultan Sharafuddin Idris Shah, who is also chairman of the National Council of Islamic Religious Affairs (MKI), and hoped the ruler’s advice would be taken as guidance by all parties regardless of political belief.
“All parties now need to calm down, respect the process (undertaken) by the special committee established under the MKI (to study the competencies of the state legislative assemblies in enacting Islamic laws) which has been given a year to prepare recommendations, and not to precede the announced process.
“The Communications Ministry will provide full cooperation and follow the advice and views of Tuanku Sultan Selangor,” he said in a post on social media today.
Earlier today, Sultan Sharafuddin called on all parties to respect the decision of the Federal Court and the position of the Federal Constitution as the country’s supreme law.
This follows the Federal Court’s decision last week, in an 8-1 majority decision, to allow an application by two Muslim women to nullify 16 provisions under the Kelantan Shariah Criminal Code Enactment 2019.
The two women challenged the constitutionality and legality of 18 provisions in the Kelantan Shariah Criminal Code (1) Enactment 2019 claiming that the Kelantan State Assembly does not have the authority to legislate on the 18 offences because there is a federal law that covers such offences.
His Royal Highness said that the special committee to study issues related to the competencies of the State Legislative Assembly in enacting Islamic laws was currently looking into arising issues.
The special committee has been given a year from its establishment to present its findings and recommendations to the MKI, which would present them to the Conference of Rulers for consideration and approval. – February 15, 2024