Shariah convention to discuss reintroduction of Kelantan’s nullified provisions
State executive councillor Asri Mat Daud said three presentations on the nullified provisions would be made during the convention. (Facebook pic)
PETALING JAYA: Efforts to re-enact the 16 provisions under the Kelantan Syariah Criminal Code (I) Enactment 2019 that was struck down by the Federal Court will be discussed at a convention to be held later this month.
State executive councillor Asri Mat Daud, who is in charge of Islamic affairs, said the matter was on the agenda of the “Konvensyen Pemantapan Perundangan dan Institusi Syariah” on May 21.
“We will strive to explore ways to reintroduce the nullified sections into the state legislation and to submit them for approval again,” he told reporters after an exco meeting, according to Bernama.
He said that three presentations on the nullified provisions would be made during the convention and the outcome of the sessions would be further deliberated by a special committee led by Kelantan’s deputy menteri besar, Fadzli Hassan.
On Feb 9, the apex court struck down 16 provisions in the Kelantan shariah criminal code on grounds that they were 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 were covered under federal law.
Asri said the special committee would examine suitable amendments to the sections to ensure they would be strongly justified for re-enactment and would not conflict with the Federal Court’s decision.
“We are 100% confident that (the provisions) will be approved and can be implemented because we also have legal experts weighing in on this matter,” he said.
In March, the Kelantan state assembly unanimously approved a motion to re-enact the 16 nullified provisions of the shariah criminal code.
Kelantan state assembly speaker Amar Nik Abdullah said he found that the motion fulfilled the three conditions to be accepted for debate. “It is a specific and important issue, pertains to a matter of public interest and must be expedited,” he added.