Apex court reserves judgment on Kelantan shariah code challenge


Kalidevi Mogan Kumarappa

A section of the protesters outside the Palace of Justice in Putrajaya today. – The Malaysian Insight pic by Nazir Sufari, November 20, 2023.

THE Federal Court has reserved its judgment on a constitutional challenge brought by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahmah, against 18 provisions under the Kelantan Syariah Criminal Code (I) Enactment 2019.

Chief Justice Tengku Maimun Tuan Mat, who presided over the nine-person bench, said this after listening to submissions by Sisters in Islam and the Federal Territories Islamic Religious Council.

The panel also heard submissions from four watching briefs, including the Muslim Lawyers Association of Malaysia.

The constitutional challenge was initiated by Nik Elin Zurina and Tengku Yasmin Natasha on May 25 last year.

The mother-daughter duo are challenging the constitutionality of 18 provisions under the Kelantan Syariah Criminal Code (I) Enactment 2019, where they seek a declaration from the Federal Court to nullify these provisions, arguing their similarity to provisions under the Federal List and offences under the penal code.

Meanwhile, outside the court, some 1,000 rally goers gathered in front of the Palace of Justice in Putrajaya to defend the shariah courts.

“We pray for the safety and wellbeing of the country so that no party disturbs Malaysia,” PAS deputy president Tuan Ibrahim Tuan Man said.

“What is happening today is the effort of the liberals to undermine stability and Islamic law.

“We pray to the lawyers and judges that they make the right decision and that Islam will continue to be respected in the country.”  

PAS secretary-general Takiyuddin Hassan hoped the Federal Court will reject the application.

Perikatan Nasional secretary-general Hamzah Zainudin urged Muslims to defend shariah law in Malaysia.

Also present were PAS vice-president Idris Ahmad, Kelantan Menteri Besar Mohd Nassuruddin Daud and former minister Annuar Musa.

The participants who came as far as Kelantan also performed prayers at the vicinity of the Palace of Justice. – November 20, 2023.


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