KOTA BARU: Kelantan religious officials are hoping that the provision to allow religious officers to act against gambling offenders will be re-enacted soon.
At the moment, they are unable to take action against gambling offenders as there is no law that allows them to do so.
Kelantan Local Government, Housing, Health and Environment Committee chairman Hilmi Abdullah said the state government had introduced a provision for the offence under the Syariah Criminal Offences Enactment (I) Kelantan 2019.
However, the provision was annulled by the Federal Court early this year.
"The State Islamic Affairs and Religious Department (JAHEAIK) officers cannot take any action against those involved in gambling as the Section 37 of the enactment has been annulled by the court.
"At the moment, only officers from the local municipal councils can act against the business operators for violating their licence conditions by operating gambling in their premises," he said.
Hilmi who is the Guchil assemblyman hoped that the state government's plan to re-enact the provision, would be successful.
The Federal Court on Feb 9 ruled that 16 provisions in Kelantan Syariah Law are unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, made the landmark ruling and the decision came about from a 8-1 majority verdict.
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.
Following the decision, the Kelantan State Assembly in May unanimously passed a motion for the re-enactment of 16 criminal provisions in the enactment which were deemed unconstitutional and invalid for enforcement in the state.
The motion was read by speaker Datuk Mohd Amar Nik Abdullah and approved by all assemblymen, including two opposition members.