Takiyuddin, who is also law minister, made the remark following a Federal Court ruling last week that a shariah enactment in Selangor on unnatural sex was unconstitutional.
He said the party would continue its efforts to harmonise civil law, based on English common law, with Islamic law but was worried that future complications will arise if the judiciary decided a case due to public pressure.
SLS president Roger Chin said they were “troubled” by Takiyuddin’s call, saying all parties were entitled to challenge the constitutionality of laws enacted in Malaysia, be it state or federal laws.
“This is a hallmark of a democracy and the people should not be deterred from seeking recourse with the courts,” he said in a statement here today.
Last Thursday, a nine-member Federal Court bench declared Section 28 of the Syariah Criminal Offences (Selangor) Enactment as null and void, as the primary power to enact criminal laws lies with Parliament.
The ruling was made on a petition by a 35-year old man who had been charged in the shariah court for “attempting to commit sexual intercourse against the order of nature” with other men.
Chin said the decision by the Federal Court was by no means an attack on shariah laws.
“The Federal Constitution was, through that decision, upheld by the Federal Court. The core of the decision is uncontroversial.
“Matters which are under the federal list in the Federal Constitution are for Parliament to legislate upon, and matters which are under the state list in the Federal Constitution are for the states to legislate upon.
“Clearly, therefore, any law enacted by the states in relation to matters contained in the federal list is invalid. The states simply have no power to legislate in relation to such matters.
“This is a fairly rudimentary principle and the law minister would – or should – be entirely aware of the same,” he said.
Chin said the SLS applauded the willingness of the Federal Court to uphold the basic tenets of the Federal Constitution.
“It would be irresponsible for anyone to characterise the decision of the Federal Court as an attack on shariah law, and go further to discourage similar challenges.
“The provisions of the constitution must be upheld at all times.
Chin added that the SLS encourages public interest litigation and challenges to the constitutionality of any laws passed, whether state or federal.
“It is only through challenges that laws can truly be described as ‘tried and tested’.
“If laws are validly passed, no party should fear a challenge to the constitutionality of the same, and nobody should be seen to discourage such challenges,” he said.