PUTRAJAYA: Pas secretary-general Datuk Seri Takiyuddin Hassan labelled today the "Black Friday" of Syariah Islam after the Federal Court ruled 16 provisions in Kelantan Syariah law as unconstitutional.
Expressing disappointment, Takiyuddin claimed that the invalidation of these enactments in Kelantan posed a threat to other states in the country.
"We are very sad, this is Black Friday, a black Friday for Islamic Syariah law.
"As a lawyer, I know that when one Syariah law in one state is cancelled, it means that Syariah criminal laws in other states are in a dangerous and critical state," he said when met by reporters here today.
Takiyuddin said these laws had been approved by the Sultan of Kelantan. However, the court had now declared the offences listed under these enactments as invalid.
In a sarcastic tone, he said, "Now it is a discount season," referring to the court's ruling that only two of the enactments remain valid.
Takiyuddin said the decision was critical as it was about defending Syariah laws, which directly safeguard the institution of the Malay Rulers.
He said it also pertained to the institution of the Malay Rulers as the head of Islamic religion in the states and the Yang di-Pertuan Agong (YDPA) in the federal territories.
Earlier, Chief Justice Tun Tengku Maimun Tuan Mat ruled that 16 out of 18 provisions under the Kelantan Syariah criminal enactment. (HYPERLINK - https://www.nst.com.my/news/crime-courts/2024/02/1011445/heres-list-16-k... )
As for the list:
Constitutional
Section 13: Selling or giving away a child to a non-Muslim or morally reprehensible Muslim
Section 30: Words capable of breaking peace
Unconstitutional
Section 11: Destroying or defiling a place of worship - Unc
Section 14: Sodomy - Unconstitutional
Section 16: Sexual intercourse with a corpse
Section 17: Sexual intercourse with a non-human
Section 31: Sexual harassment
Section 34: Possessing false document, giving false evidence, information or statement
Section 37: Gambling
Section 39: Reducing scales, measurements and weights
Section 40: Executing transactions contrary to 'hukum syarak' (syariah law)
Section 41: Executing transactions via usury
Section 42: Abuse of halal label and connotation
Section 43: Offering or providing vice services
Section 44: Preparatory act of offering or providing vice services - Unconstitutional
Section 45: Preparator act of vice
Section 47: Act of incest
Section 48: Muncikari (person who acts as a procurer between a female and a male for a purpose which is contrary to hukum syarak).
Asked about the next steps to be taken, Takiyuddin said many members of parliament have raised questions regarding the matter in the upcoming session of the Dewan Rakyat.
"We are aware that at the federal-level, there is a committee called the National Council for Islamic Religious Affairs Malaysia (MKI) chaired by the sultan of Selangor.
"Therefore, we will also inquire in Parliament about the outcome of this MKI committee and what measures have been taken to protect the position of syariah laws in the country," he said.
Meanwhile, Gerakan Pembela Ummah (Ummah) chairman Mohd Zai Mustafa said they would make efforts to submit a memorandum to the Yang di-Pertuan Agong and the sultan of Selangor as the chairman of the MKI.
"We will not give up and will take appropriate action, including sending a memorandum to the king.
"We hope that Muslims across the country will pray for Islam to continue to be protected because this matter transcends politics," said Mohd Zai.
Earlier, more than 500 people gathered in front of the Palace of Justice here to hear the Federal Court's decision on a constitutional challenge to the Kelantan Syariah criminal enactment.
Also present were former Kelantan Menteri Besar Datuk Ahmad Yaakob, Pas information chief Ahmad Fadli Shaari, Bachok MP Mohd Syahir Che Sulaiman and Parti Pribumi Bersatu Malaysia vice-president Datuk Dr Radzi Jidin.