PUTRAJAYA: An amendment to the Federal Constitution is necessary if the Federal Court allows a challenge to provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019, a lawyer said.
Yusfarizal Yusoff said the amendment would be necessary to prevent future disputes between the civil and syariah courts over their respective jurisdictions.
The lawyer, who acted for the Kelantan government, emphasised that lawmakers must heed the demands of the majority in society — to protect and preserve Islamic law.
"We will accept any decision made by the top court and move on and continue our other efforts.
"As Muslims in this country, we can be subjected to two legal systems — civil and Syariah," he said at the lobby of the Palace of Justice.
He said this following the apex court proceedings today where submissions were heard by a nine-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat.
The country's top court reserved judgment to a later date to be announced after hearing submissions from the remaining parties in the case, including Malaysian Bar, Sisters in Islam, and the Perak and Terengganu state Islamic councils.
More than 1,000 people gathered in front of the Palace of Justice to protest the proceedings, which they deemed tarnished the Syariah law in this country.
Several opposition political bigwigs were also seen at the gathering, including Kelantan Menteri Besar Datuk Nassuruddin Daud and his deputy Datuk Dr Mohamed Fadzli Hassan, Pas deputy president Datuk Seri Tuan Ibrahim Tuan Man, Pas secretary-general Datuk Seri Takiyuddin Hassan and Putrajaya member of parliament Datuk Dr Radzi Jidin.
The group gathered at Putrajaya Square as early as 7am, with some opposition politicians seen delivering a 'ceramah' before dispersing around 12pm.
The building was cordoned off, with several policemen present at the scene to control the crowd.
The constitutional challenge was initiated by Nik Elin Zurina Nik Abdul Rashid, a lawyer born in Kelantan, and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman, on May 25, 2022.
They utilised Article 4(4) of the Federal Constitution to directly approach the Federal Court, listing the Kelantan government as the respondent.
The duo argue 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.
Article 4(4) enables the apex court to assess the validity of laws enacted by Parliament or a state legislature if it is believed that these bodies exceeded their legislative authority.
The direct appeal to the Federal Court was chosen due to its exclusive jurisdiction granted by Article 128(1)(a) of the Federal Constitution for such matters.
In the case of constitutional challenges pursued through the Article 4(4) channel, permission or leave from a Federal Court judge is required to initiate the process.