Prevent challenges to syariah laws - Mujahid
SHAH ALAM - The Syarak and Civil Law Technical Committee under the Islamic Development Department (Jakim) should promptly address and coordinate legal matters concerning the syariah law that may be challenged by certain parties.
Former minister in the prime minister's department (religious affairs) Datuk Seri Dr Mujahid Yusof said he believed that all states with laws similar to the Kelantan Syariah Criminal Code (I) 2019 should also be involved so that comprehensive discussions could be conducted, leading to the resolution of jurisdictional conflicts.
"This committee will look at issues from the perspective of overlap, uniformity and incorporating new elements such as rehabilitation into syariah criminal law enactments.
"Therefore, I hope that the special committee that has been established can address the matter as a reference, especially when cases similar to Nik Elin Zurina Nik Abdul Rashid's occur," he said when contacted.
Last week, the Federal Court in an 8-1 majority decision 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.
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.
Yesterday, Malaysia Muslim Lawyers Association president Datuk Zainul Rijal Abu Bakar said legal challenges were expected to be filed in the coming three months against the Syariah Criminal Enactment across 13 states in Malaysia.
The 13 states were Johor, Negeri Sembilan, Melaka, Pahang, Selangor, Perak, Kedah, Penang, Perlis, Federal Territories of Kuala Lumpur, Terengganu, Sabah and Sarawak.
Meanwhile, Mujahid said the Technical Committee established under the National Council for Islamic Religious Affairs (MKI) also needed to convene as soon as possible to finalise decisions to avoid any petitions or disputes over the jurisdiction of State Legislative Assemblies and the Federal Government being resolved in court.
"This matter could become worse as it will be turned into a political issue. If the dispute is only understood from a technical legal perspective, there is no problem, but what is happening is the opposite.
"Some parties are using this issue for political purposes, which is why this special committee needs to issue views and opinions promptly.
"If this special committee can resolve this matter through legal means and receive advice from the MKI and wise actions from the involved states, I believe the matter can be resolved and no further disputes can be made," he said.
