PAS should explain apex court's decision honestly, not use it as political fodder, says Mujahid

Former religious affairs minister Senator Datuk Seri Dr Mujahid Yusof Rawa has called on PAS to clarify the recent Federal Court ruling declaring 16 out of 18 provisions of the Kelantan syariah criminal law unconstitutional, emphasizing the need for honesty rather than political manipulation.

Mujahid added that the ruling exposed a weakness in the Kelantan legislative body, urging PAS to respect the powers vested in the state assembly and to improve the syariah criminal law-making process following the decision.

He criticized PAS for misleading its followers by claiming that the Syariah Court was threatened and challenged, stressing that such actions could affect the country’s harmony and disrespect the Constitution.

Mujahid also explained the similarities and differences between syariah criminal law and civil criminal law, pointing out that the Federal Constitution sets limits for the respective state assemblies in enacting laws.

He emphasized that the recent ruling does not eliminate Islamic law, but rather revokes certain provisions that conflicted with laws at the federal level, further criticizing the Kelantan state government’s failure to carefully examine all 18 disputed provisions.

He urged other states to learn from this decision to avoid future clashes of jurisdiction.

The Chief Justice, Tengku Maimun Tuan Mat, delivered the Federal Court’s decision, ruling 16 provisions of the Kelantan syariah criminal law unconstitutional, and allowed the application by a mother and daughter duo who challenged 18 provisions under the Kelantan Syariah Criminal Code Enactment 2019, in an 8-1 majority decision.

However, the Federal Court ruled that Section 13 and Section 30 were constitutional and valid as the subject matter in the provision was within the State List, hence within the ambit of the state legal authority.