PUTRAJAYA (Feb 9): Kelantan Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan said the state government is disappointed with the Federal Court’s ruling over its shariah laws and will be seeking an audience with Sultan Muhammad V over the matter.

Fadzli said the state exco has also formed a committee and will scrutinise the written judgment as the state looks to formulate its next step or cause of action.

“This is not just the Kelantan government, but also concerns all states and state governments with regard to the federal government. The state feels that it concerns provisions in the Federal Constitution, especially Article 4(4), which prohibits the state legislative assembly to make laws that are contrary to federal laws.

“Some may argue that this is also within the Penal Code so there is no need to have two laws about the same offence. However, you must make a differentiation between shariah criminal law and civil criminal law with regards to evidence and adjudication which is different altogether,” he added.

Fadzli said Kelantan’s state laws have been in place through rightful shariah enactment for some time, and that prior to this, there had been no problem.

However, Fadzli said the judgment will be studied so appropriate action can be taken.

He also urged Prime Minister Datuk Seri Anwar Ibrahim to consider amending the Federal Constitution to safeguard shariah courts.

Meanwhile, applicant Nik Elin Zurina Nik Abdul Rashid said she was gladdened by the Federal Court's decision, as she felt there had been a constitutional breach.

Nik Elin, who had filed the petition with her daughter Tengku Yasmin Natasha Tengku Abdul Rahman, said it was important to uplift the Federal Constitution, which is the supreme law, for the benefit of all Malaysians.

“This has nothing to do (as Chief Justice Tun Tengku Maimun Tuan Mat) said about the doctrine of Islam or the competency of the state legislative assembly. I do not do this for myself but for all.

“Despite the criticism levelled against me, I am thankful and have to thank my lawyers Datuk Malik Imtiaz Sarwar, Surendra Ananth and Sisters in Islam,” she said.

Nik Elin said that following this, she hopes the state would not formulate laws against the federal list and there would be harmony between shariah and civil courts.

Minister in the Prime Minister’s Department (Religious Affairs) Senator Datuk Dr Mohd Na’im Mokhtar said the position of the Shariah Court remains strong and the federal government would continue to uplift it as per the Constitution.

“The ministry will try and get the full grounds of the judgment and do the necessary, including to meet the present Yang di-Pertuan Agong Sultan Ibrahim and the Deputy Yang di Pertuan Agong Sultan Azlan Shah to brief them and the conference of rulers.

“All the efforts to uplift the shariah courts will continue to be done. A discussion will be held with all stakeholders on the matter,” he said.

The Federal Court on Friday nullified 16 out of 18 laws that Nik Elin was challenging.

Read also:
Apex court allows lawyer’s bid to nullify 16 out of 18 Kelantan shariah laws