Legal challenges ahead for syariah criminal law enactments in 13 states

Zainul Rijal

SHAH ALAM – Legal challenges are expected to be filed in the coming three months against the Syariah Criminal Enactment across 13 states in Malaysia.

This follows the Federal Court’s 8-1 majority decision, last week, which allowed an application by Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019.

Malaysia Muslim Lawyers Association president Datuk Zainul Rijal Abu Bakar said this was expected to happen as the other states besides Kelantan would also feel that their state’s Syariah Criminal Enactment have overlapping or conflicting provisions with the Federal Constitution.

The thirteen states involved were Johor, Negeri Sembilan, Melaka, Pahang, Selangor, Perak, Kedah, Penang, Perlis, Kuala Lumpur, Terengganu as well as Sabah and Sarawak.

“Each state have similar enactments. For example in Kedah, the state government will refer to the Sultan of Kedah since there are seven syariah laws that are similar to the 16 enactments of Kelantan’s syariah criminal code that were annulled by the Federal Court.

“Therefore, Nik Elin’s case may open the floodgates for other states to take similar challenges,” Zainul said.

He also said it was not impossible for this to happen because the state government did not have similar jurisdiction as the federal government in amending the Federal Constitution.

“Only the federal government has the right to amend the Constitution. The state government has no power and what they can do now is to urge the federal government to amend the syariah enactment in their respective states.

“Perhaps the Council of Malay Rulers needs to convene and make a decision on the amendment of the Federal Constitution because the administrative power of Islamic religious affairs lies under the royal institution of each state,” he explained.

On Feb 9, the Federal Court in a majority 8-1 decision ruled that 16 of 18 provisions under the Kelantan Syariah Criminal Code Enactment 2019 were null and void.

In delivering the verdict, Chief Justice Tun Tengku Maimun Tuan Mat who led a nine-member bench said the Kelantan State Legislature did not have the power to enact laws on these offences as there were federal laws covering the same.