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Pas leaders rally support to protect Kelantan Syariah Law ahead of constitutional challenge

KOTA BARU: Key leaders of Pas have vehemently voiced their commitment to safeguard the Kelantan Syariah Criminal Code (I) Enactment 2019.

This is following an impending constitutional challenge poised to contest the legality of the law.

At a gathering held at Sultan Muhammad IV stadium last night, Pas president Tan Sri Abdul Hadi Awang, Pas vice president Datuk Mohd Amar Abdullah, Kelantan Menteri Besar Datuk Mohd Nassuruddin Daud and Kelantan Pas state commissioner Datuk Ahmad Yakob expressed disappointment over the looming constitutional challenge.

They condemned any attempts to undermine the Syariah law.

Hadi at the event rallied Muslims, urging them to take a stand against any threats directed towards the Syariah law.

"As Muslims, it is our responsibility to combat those seeking to undermine our Syariah law," he said.

The Marang member of parliament said Pas members and supporters must also play their parts to protest against such move.

Meanwhile, Mohd Amar said Islamic leaders play a pivotal role in safeguarding the sanctity of the Syariah law.

"The reason for them to challenge the law is because we did not have the political power as we did not rule the country.

"People can do all kinds of things (to us) if there is no one (to defend us). So it is important for us to protect the law," he added.

Ahmad said the issue became hot topic after a lawyer challenged 20 provisions of the Kelantan Syariah Criminal Code (I) Enactment 2019 in court.

"Tonight we will hold a munajat prayer to seek Allah's help," he added.

Expressing dismay, Mohd Nassuruddin highlighted the unexpected nature of the challenge that deeply unsettled the state government.

"What really upset us is that the lawyers were Kelantanese and both are Muslims.

"We hope the court will be on our side," he said.

The constitutional challenge was initiated by Nik Elin Zurina Nik Abdul Rashid, a Kelantan-born lawyer and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman on May 25, 2022.

They utilised Article 4(4) of the Federal Constitution to approach the Federal Court directly, listing the Kelantan state government as the respondent.

The duo contended that the power to legislate on criminal matters belongs exclusively to parliament, with state assemblies only given the right to enact laws concerning the Islamic faith.

In August this year, the Federal Court heard that 20 Kelantan Syariah Criminal Code (I) Enactment 2019 provisions are unconstitutional following a constitutional challenge brought by the mother and daughter pairing last year.

Lawyer Datuk Malik Imtiaz Sarwar argued in court that federal laws cover the same offences and that the power to legislate criminal matters belongs exclusively to parliament.

Malik further said the state legislative assemblies (SLA) were only given the right to enact laws concerning the Islamic faith.

The Federal Court is set to hear the case and decide on the constitutional challenge tomorrow.

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