Respect decision of Federal Court, position of Federal Constitution

by Theleaders | February 15, 2024 8:24 am

KUALA LUMPUR, Feb 15 — Sultan of Selangor Sultan Sharafuddin Idris Shah today said that all parties should respect the decision of the Federal Court and the position of the Federal Constitution as the supreme law of the country.

The Sultan said, in regard to the issues concerning the Kelantan Syariah Criminal Code Enactment, the most important thing to do is to look into possible methods of expanding the competencies of the State Legislative Assembly to enact Syariah criminal laws within the framework set by the Federal Constitution.

“This includes looking into the need to propose amendments to certain provisions in the Federal Constitution and/or any other related federal laws.

“This is to ensure that the power of the State Legislative Assembly to enact Syariah criminal laws is enshrined in the Federal Constitution without any ambiguity,” said His Majesty when presiding over the 71st meeting of the National Council of Islamic Religious Affairs (MKI) in Putrajaya today.

On Feb 9, the Federal Court in an 8-1 majority decision allowed an application by two Muslim women to nullify 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019.

Sultan Sharafuddin said various parties, especially politicians, legal practitioners, academics and ordinary people have made various comments and interpretations on the court’s decision of the case.

“I don’t intend to be involved in the polemic. I have been informed that the special committee to study issues related to the competencies of the State Legislative Assembly in enacting Islamic law which was established upon my decree during the 70th MKI meeting on Aug 28, 2023, is currently looking into this arising issue,” he said.

The special committee was expected to, among others, conduct a study on issues related to the competencies of the State Legislative Assembly in enacting Islamic law; do a comprehensive analysis of existing laws and decisions of the apex court; make recommendations on the best and most harmonious coordination method; and to study possible approach to empower and elevate the Syariah Court and its jurisdiction in line with the Federal Constitution.

The Sultan said the special committee was given a year from the date of its establishment to present their findings and recommendations to the MKI, which would present them to the Conference of Rulers for consideration and approval. 

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