Protests not the answer to Kelantan shariah code challenge, says group


Alfian Z.M. Tahir

An interfaith group says Perikatan Nasional MPs should not resort to street demonstrations in their efforts to challenge the legal suit brought by a family against 20 provisions under Kelantan’s shariah criminal enactment. – The Malaysian Insight file pic, November 12, 2023.

PERIKATAN Nasional (PN) lawmakers should not resort to street demonstrations in their efforts to challenge the legal suit brought by a family against 20 provisions under Kelantan’s shariah criminal enactment, an interfaith group said.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism said PN should choose the lawful path of arguing their case before the Federal Court, adding that any protest would be in contempt of court.

“The judicial challenge to decide on the state’s validity of the 20 provisions in the Kelantan enactment, passed by the state assembly, is the proper and lawful way of seeking the Federal Court’s decision on the matter,” the group said.

“The proper recourse for defendants is to argue the case in the Federal Court through their lawyers, which they are now doing.

“Being parties to the legal challenge before the Federal Court, public demonstrations against the plaintiffs, who are exercising their constitutional rights, may be deemed contemptuous.”

On Wednesday, PAS deputy president Tuan Ibrahim Tuan Man said PN will organise a series of demonstrations to protest against lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter’s constitutional challenge against certain provisions within the Kelantan Shariah Criminal Code.

Tuan Ibrahim said the protests will take place in three different places, including Terengganu (November 16), Kelantan (November 18) and a munajat gathering at the Palace of Justice in Putrajaya on November 20.

He said several civil society representatives have also submitted a memorandum to the opposition urging the government to establish a special committee to resolve the crisis towards powers given to the state assembly in enacting provisions related to shariah criminal offences for Muslims.

Meanwhile, former law minister Zaid Ibrahim slammed PAS leaders for attacking Nik Elin and her daughter Yasmin Nastasha Tengku Abdul Rahman for filing the legal challenge.

Taking the matter to Facebook, Zaid said the intensity of the Islamist party’s attacks on Nik Elin is uncalled for.

“It’s like they want to lynch her… They claimed she was challenging Islam and Islamic doctrines.

“The chief justice has taken the trouble to explain at the outset that the legal challenge is not an attack on Islam.

“Yet PAS leaders still insist it is,” he said.

Kota Baru MP Takiyuddin Hassan claimed that similar shariah enactments in all 14 states would be invalidated if the Federal Court allows the legal challenge by Kelantan-born Nik Elin and her daughter.

The apex court is set to resume hearing of the family’s challenge on November 20 and Zaid noted that Chief Justice Tengku Maimun Tuan Mat has empaneled nine judges, with consideration to the significance of the case and a high amount of public interest.

“Nik Elin, too, has engaged arguably the top constitutional lawyer in the country. Everyone wants the laws ascertained and determined correctly,” Zaid added. – November 12, 2023.


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