KUALA LUMPUR: The apex court ruling on the Kelantan syariah criminal enactment is a call for the federal government to establish a mechanism for coordinating criminal enforcement between religious authorities and police.
This is among the six recommendations proposed by constitutional law expert Associate Professor Dr Muhammad Fathi Yusof following the decision by the Federal Court on Friday to nullify 16 provisions in the Kelantan syariah criminal enactment.
The Universiti Teknologi Malaysia (UTM) Law and Policy lecturer said the government, particularly the Home Ministry and the police, must take responsibility for enforcing federal laws related to the 16 provisions declared null by the apex court.
"This is to ensure that the decision by the Federal Court will not result in a 'kelompangan' (loophole) in enforcement of the provisions dropped from the Kelantan syariah criminal enactment (following the apex court ruling," he said.
Fathi also highlighted the need for National Council for Islamic Religious Affairs Malaysia (MKI) committee to act more swiftly in its efforts to uphold Islamic laws in the country.
This, he said, included addressing the implications of the Federal Court's decision in the case.
He also suggested that MKI set up a special committee for Federal Law harmonisation to spearhead efforts to systematically and strategically integrate Islamic principles into the federal legal system.
"All parties must not regard Islamic legislation as the exclusive domain of state authorities but as a shared responsibility of both the state and federal governments.
"Therefore, the Federal Government should be given ample room to introduce Islamic-based laws without being bound by bureaucratic hurdles," he said.
Fathi also emphasised the need for greater solidarity and unity among all Muslims, regardless of political backgrounds and ideologies, in upholding Islamic legislation in Malaysia.
"Negotiations between the state and Federal governments should transcend political boundaries for the sake of Islamic interests," he said.
Institute of Islamic Understanding Malaysia (IKIM) director-general Dr Mohamed Azam Mohamed Adil and IKIM fellow Mohd Noor Omar said the apex court ruling has potential implications for other states in Malaysia.
They added that the decision by the Federal Court also prompted a call for the harmonisation of syariah laws across states to ensure consistency and avoid legal conflicts in the future.
"This ruling sets a precedent for stricter scrutiny of state-level syariah laws to ensure they don't overstep into areas reserved for federal jurisdiction.
"Other states with similar provisions might face legal challenges. The decision could contribute to ongoing public discussions about the role and interpretation of syariah law in the legal system.
"This landmark decision sets a precedent for other states, clarifying the limits of state legislative power in enacting syariah criminal provisions.
States with similar provisions that overlap with federal law might face legal challenges," they said in a statement.
It was reported that Chief Justice Tun Tengku Maimun Tuan Mat, who led the nine-member bench, ruled that 16 out of the 18 provisions under the Kelantan Syariah criminal enactment, which are being challenged at the Federal Court, are unconstitutional.
The provisions are Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47 and 48.
Tengku Maimun, who delivered the majority judgment, ruled that the essence of these provisions were matters under the federal list, which only the Parliament has the power to make.