PETALING JAYA: PAS should just admit the 16 provisions under the Kelantan shariah enactment struck down by the apex court yesterday were emblematic of the state assembly’s shortcomings instead of trying to mislead the public, Mujahid Yusof Rawa said.
In a statement, the former religious affairs minister said that rather than own up to the Kelantan state assembly’s failure in enacting the law, PAS chose to push the narrative that the shariah courts were being “challenged”.
“The Kelantanese should ask which assemblymen approved the enactment and who was the Speaker presiding over the sitting at that time.
“These assemblymen failed to carry out their responsibilities, while the Speaker had tarnished the state assembly’s image.”
Yesterday, the Federal Court struck down the 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 because they are unconstitutional.
Announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat said the state assembly had no power to pass the provisions as part of the enactment as the offences in question are covered under federal law.
This led to PAS secretary-general Takiyuddin Hassan bemoaning the decision as a “dark day in history for Muslims”.
But Mujahid said any amendment to shariah laws depended on the Ninth Schedule of the Federal Constitution, which among others touched on the jurisdiction of the shariah courts.
“And this matter (the Ninth Schedule) is something the PAS assemblymen should be well aware of, especially the Speaker, whose job is to ensure that none of the enactments contravene the constitution.”
Mujahid went on to say that PAS should instead work on improving the process of enacting laws linked to shariah criminal offences.
He also said claims by certain quarters that “Allah’s laws had been struck down by liberals” was a lie that could affect harmony and foster hatred in the country.
Mujahid, who is also the deputy president of Amanah, a PAS splinter party, said punishment for shariah offences in the enactment had already been stipulated in the Federal Constitution.
“So how can one claim that this decision (by the Federal Court) was getting rid of Islamic laws?”
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