SUNGAI PETANI: The Kedah government will identify possible shortcoming in the state syariah criminal laws and present the findings to the special committee under the Malaysian National Council for Islamic Religious Affairs (MKI).
Menteri Besar Datuk Seri Muhammad Sanusi Md Nor has assured that the state government would extend its cooperation to the MKI's Special Committee to Study Issues Related to the Competence of the State Legislature to Enact Islamic Laws chaired by former chief justice Tun Zaki Tun Azmi.
"We will study whatever possible shortcoming on our side (state Syariah criminal law) while at the same time, the committee will also present its views.
"We will extend our cooperation to the special committee that is comprised of senior judges," Sanusi told reporters after taking part in cycling charity ride event organised by Kedah State Development Corporation (PKNK) and other state government-linked companies in Pantai Merdeka here today.
Present was PKNK chief executive officer Datuk Ishak Murat.
During the ride, they made stop-overs to present aid to 40 underprivileged and chronic disease patients in the constituency.
Sanusi was commenting on the Sultan of Selangor Sultan Sharafuddin Idris Shah's decree ordering all parties to respect the decision of the Federal Court to nullify 16 provisions under the Kelantan Syariah Criminal Code (1) Enactment 2019.
Sultan Sharafuddin, who is also the MKI chairman said efforts must be made to find a way to overcome problems that arose by studying methods of expanding the competence of the State Legislature to enact Syariah criminal laws within the framework set by the Federal Constitution.
(hyperlink: https://www.nst.com.my/news/nation/2024/02/1013629/sultan-sharafuddin-al...)
Commenting further, Sanusi said the special committee will not only scrutinise issues pertaining to the jurisdiction of enacting and enforcing Syariah criminal law but also other related matters.
"There are many issues that have been listed by the special committee chaired by Tun Zaki that need to be resolved between the syariah court and the civil court.
"The special committee will compile everything and present recommendations, so that both courts could complement each other and operate independently without interference.
"As it is now, all Syariah court decision are being referred to the civil court to be challenged. Hence, the special committee will present the proposal to the Council of Regent for a consent before amending the Federal Constitution," he said.
Last Friday, the Federal Court in a landmark majority verdict of 8-1, ruled that 16 out of 18 provisions under the Kelantan Syariah Law were unconstitutional on the grounds that the legislative powers of the Federal and State governments have been determined by the Federal Constitution in the Federal List and State list.
It was reported that 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 state government as the respondent.
(hyperlink: https://www.nst.com.my/news/nation/2024/02/1011503/law-being-challenged-...).