PUTRAJAYA: The Federal Court’s decision to annul 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 is a ‘dark day in history for Muslims’ in the country, says PAS secretary-general Takiyuddin Hassan.
He claimed that the decision would also threaten shariah laws in other states.
“We are very saddened today. This is a ‘Black Friday’ for shariah law. When a state’s shariah criminal law is annulled, it puts the law in all other states in a precarious position.
“If someone, for example in Negeri Sembilan or Melaka, is accused of a crime, such as sodomy, then they will bring this case to court and say that in Kelantan, the same offence has been annulled.
“Therefore, no one can be tried in the shariah court for that offence. This is why we are emotional, because this is not a trivial matter.
“Defending shariah (law) means upholding the institution of the Malay rulers,” Takiyuddin said.
The Kota Bharu MP said he also expected many fellow MPs to raise questions about the Federal Court’s decision in the upcoming session of the Dewan Rakyat.
Earlier, in a speech before more than 1,000 supporters gathered outside the Palace of Justice, Takiyuddin said today’s decision should serve as a lesson for Muslims.
He added that he hoped all parties, including the government, will ensure that Islamic laws are upheld.
Takiyuddin also questioned the implication of shariah enactments being annulled by the civil court.
“Shariah laws are only applied in the shariah court but (now) annulled by the civil court. What does that mean? That is our position.
“Islam is the national religion but at the state level, the shariah laws have been annulled by the civil court.
“We as, Muslim citizens living in our country, must ensure that shariah laws are upheld,” he said.
Meanwhile, joint chairman of Gerakan Selamat Syariah, Zai Mustafa, said the group will submit a memorandum to the Yang di-Pertuan Agong and the Sultan of Selangor, the chairman of the national council for Islamic affairs.
“We will not give up and will take appropriate action, including submitting a memorandum to the Yang di-Pertuan Agong.
“We also hope that Muslims throughout the country will pray for the protection of Islam because this matter transcends politics,” he said.
Meanwhile, Pengkalan Pasir assemblyman Nasriff Daud, when approached by FMT, said today’s decision proves that even though Malaysia is no longer a colony, colonial laws still bind the country’s legislation.
“As long as we maintain colonial laws, Islamic legislation cannot be enforced. Today’s decision affects Kelantan, but it will have an impact on shariah enactments nationwide and will result in the diminishing power of shariah courts to simply dealing with matters such as prayers and marriage.
“I am concerned that this will affect the power of the rulers,” he said.
Earlier, the Federal Court annulled 16 provisions of the Kelantan Shariah Criminal Code (I) Enactment 2019 on the grounds that they were unconstitutional.
A panel of nine judges, chaired by Chief Justice Tengku Maimun Tuan Mat, reached a majority decision of 8-1 that the state assembly had no power to approve the provisions in the enactment because the offences were already covered under federal law.
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